Cooper v. California: Illegal Police Cash Seizures and Constitutional Violations
Overview of Cooper v. California
Cooper v. California is a very informative court case in the current context, as its application to the situation makes it clear whether the forfeiture of cash from motorists by the state police was legal. According to the trial and ruling descriptions, asset seizure is legal and just when representatives of the law have evidence or probable cause (Cooper v. California, 1966).
Requirements for Forfeiture and the Role of Warrants and Probable Cause
Regarding the first requirement for forfeiture, one can start searching for it only after receiving a warrant search. For a warrantless search, a police officer must develop probable cause and have substantial additional information, such as the words of a police informer. It is highly doubtful that every driver in the state is a member of an illicit underground banking system and that the state police institution has such an extensive informer network. Therefore, one can conclude that regional police are engaged in legally dubious activities to enrich their system.
Legal Violations and Constitutional Implications of Police Practices
In the context of the available information, police representatives certainly commit illegal asset seizures. They have no evidence for the forfeiture from motorists, and by doing so, they are violating two Amendments at once, the Fourth and the Eighth. Moreover, they abuse the power and authority of the police institution. Punishing all involved law enforcement officers with legal action will likely lead to more offenses across the state, especially drug-related, violent ones, as many will be suspended from service temporarily.
Recommendations for Addressing Police Misconduct
Therefore, it would be wise to bring only the initiators of this practice and the most active abusers of power to justice. The heads and staff of local police agencies will be given consultations, lectures, and instructions on the basics of law and jurisdiction. They must be warned that legal action will start affecting all individuals involved if corrective measures are not taken. Financial professionals will be requested to review the allocation of funds to police agencies.
Reference
Cooper v. California. (1966). HeinOnline. Web.