Sean Waite, the agent in charge for the DEA in Albuquerque, said he could not comment on the Rivers case because it is ongoing. He disputed allegations that Rivers was targeted because of his race. Waite said that in general DEA agents look for "indicators" such as whether the person bought an expensive one-way ticket with cash, if the person is traveling from or to a city known as a hot spot for drug activity, if the person's story has inconsistencies or if the large sums of money found could have been transported by more conventional means.
"We don't have to prove that the person is guilty," Waite said. "It's that the money is presumed to be guilty."
Read the whole article. This is entirely unconstitutional. The fifth amendment to the Bill of Rights expressly forbids the taking of private property "without just compensation."
Holder’s order applies only to “adoption,” which happens when a state or local agency seizes property on its own and then asks the Justice Department to pursue forfeiture under federal law. “Over the last six years,” the DOJ says in the press release announcing Holder’s new policy, “adoptions accounted for roughly three percent of the value of forfeitures in the Department of Justice Asset Forfeiture Program.” By comparison, the program’s reports to Congress indicate that “equitable sharing” payments to state and local agencies accounted for about 22 percent of total deposits during those six years. That means adoptions, which the DOJ says represented about 3 percent of deposits, accounted for less than 14 percent of equitable sharing. In other words, something like 86 percent of the loot that state and local law enforcement agencies receive through federal forfeitures will be unaffected by Holder’s new policy.
The story also notes how the press, especially the Washington Post which led with this story, teamed up with Holder to overstate the impact Holder’s order would have.