I was recently arrested, (long story that I’m not going into), and while I was being booked, I was required to submit all the cash money I had on me to be deposited into their “account” (I had to put all my money in a machine, which then gave me a receipt).
When I was bailed out less then 30 minutes later, I received a “debit card” for the amount I deposited less $2 in “fees”… This fee was posted on the machine I was required to put my money into.
My GQ is, how is it constitutionally allowed to require someone to put money into a machine, then put a fee on what they get back? Isn’t that a violation of the 4th amendment guarantee against seizures?
Mods: I’m not asking about my own personal case, I have a lawyer for my arrest, and honestly, don’t care about the $2. I’m just wondering about the legality of requiring a fee of someone who has no choice.
Was the cash somehow evidence in the case, to the point where the fact that e.g. you had certain bills on you is relevant? For example if you were accused of selling drugs and the police have an informant who is willing to testify that he paid a US $20 bill, Series 2006, serial AE44527432B for two dime bags of weed, and you were caught with that very bill?
If that’s all you were charged, be happy. Jails around my hometown charge a processing fee that every person booked is required to pay. You can pay it at that time, or you can pay it later. But you will owe money to the jail as payment for processing your arrest. Insane.
And if you want to talk about violation of amendments. How about the fact that probation is handled by The Salvation Army, a religious organization. If you are sentenced to 6 months of probation, you have to pay fees to The Salvation Army every month for handling your probation.
I was listening to an NPR affiliate (KPLU) a couple/few weeks ago, and they had a story about fees that are charged when one is arrested. It may have been a story specifically about Washington, but I don’t know. I don’t remember much of the story, but I do recall that there was a $100 fee for drawing blood so that the offender’s DNA (or something) could be put into a database. There were examples of other fees, but I don’t recall what they were.
A religious group also has the contract for probation here, my son had to deal with them years ago when he got a year of probation. The lady at intake started to preach to him about Jesus having a ‘plan for your life!’. My son looked her dead in the eye and said Do.Not.Shove.Your.Religion.On.Me.
The lady jerked back like he had slapped her. Heh.
No, it wasn’t evidence. If that was the case they would have put it in an evidence bag. It was just the cash I had on me, all my bills, and all my coins.
If you are busted for drunk driving (or other alcohol related offense) the state may mandate you attend Alcoholics Anonymous meetings or rehab based on the AA 12-step program. The 12-steps are distinctly religious in nature. Not to mention studies of their effectiveness are almost non-existent.
Welcome to the fleecing of America. A fee for being arrested, wow that is a new one. I wonder if you complain about it right then and there do you get a bonus tasing?
Desk Sergeant: Before you go any further, pal, I gotta tell ya it’s cash up front. A thousand bucks a day for a full investigation, another thou’ if the assailant is caught. Do you understand?
Harry Canyon: Yeah. Hey, here’s a dollar. Thanks for nothin’.
I don’t think there’d be a problem if you were convicted. After all, courts require people to pay fines and the like. But it does seem like there’d be a Due Process problem with fees charged to people who are just thrown in the tank for a few hours and never charged with anything.
Here’s an article that suggests it is indeed illegal, though its not really clear from the article how broad the finding against such fees were.
I cannot help with the GQ, but I can say that here in Canada, every penny is returned. As a lawyer, I’ve seen enough “personal effects reports” that state what the accused has at time of jailing, down to the smallest details: “Baseball cap, New York Yankees,” “Green T-shirt, with ‘Alexander Keith’s India Pale Ale’ on upper left side,” “Levi’s jeans, blue, size X-Y” and so on. And, naturally, “$56.32 in cash,” and similar.
My clients report that upon release, they get all their cash back. There are no fees that are subtracted from the total amount of cash.
Under a new law in Florida they are going to try to charge every welfare recipient for drug testing, and reimburse those whose tests come back negative. I’m going to be real interested in how that process goes.
I did manage to find a few studies, which indicated that AA was a bit LESS effective than no treatment at all, that is, just letting the alcoholic quit (or not quit) on his own.
Yes, some people have had success with AA, and I’m happy for them. But apparently, more people have success if they just do it themselves. But people in AA can say that they’re in treatment.
I’m with others in saying that if you are eventually convicted of the charge, it is just like a fine being imposed. If you are acquitted/charges are dismissed, I’ll be damned if I know how they get around the 5th amendment when they charge you for being arrested.
Two towns in my area, each with its own major outdoor entertainment venue, have established “fines” (~$200) for those taken into protective custody due to drunkenness, purportedly to offset the cost of the PC’s temporary incarceration. I don’t understand how this can possibly be legal where there is no actual crime committed, and the decision to PC someone is strictly a judgment call.
I’m guessing that the legal authority is these charges are seen as a use fee. You’re not being fined; you’re being charged for the service (property storage or a PC cell). It’s like paying a bridge toll or park admission.
But the issue is the involuntary nature of the service. You can’t decline the services associated with being arrested, which to me should make them a due process issue.
Wasn’t it the movie “Brazil” where inmates were to be charged for “information retreival” and “Information storage” (Arrest-Interrogation and imprisonment).
