The Stop

Greenville, South Carolina – It seemed a typical day on October 5, 2022, near mile marker 77 on the Interstate 85. But then, two deputies noticed a blue Tesla with out-of-state plates. Despite the absence of road law violations, such as speeding or reckless driving, the officers made their move. This stop was part of a controversial initiative known as Operation Rolling Thunder, turning a 20-mile stretch of highway into a high-intensity law enforcement zone.

The Pretext

Finding a valid reason to pull over a vehicle can be simple enough. The pretext for stopping the Tesla was “driving in the left lane while not actively passing.” After halting the car, officers implemented the next stage of their strategy – creating probable cause to execute a search. To meet this requirement, they justified their actions by claiming the scent of marijuana permeated the vehicle.

No Crime, No Issue

Surprisingly, the deputies found no trace of marijuana or other illegal substances, stolen items, or weapons inside the car. The only incriminating ‘evidence’ they discovered was a substantial amount of cash. The occupants of the Tesla, claiming they were relocating to Atlanta to start a hair business, were freely transporting their money.

Highway Robbery

Regardless of the absence of illegal activities or proof, the police confiscated the cash, leveraging a principle termed civil forfeiture. This concept permits law enforcement to confiscate and keep any seized property, eliminating the need for an arrest or conviction. A majority of these confiscations slide through without any court scrutiny. Often, the confiscated items become a part of government possessions, mainly due to victims’ inability to afford attorneys or tackle the intricate legal labyrinth independently. Undeterred by this, agencies like the U.S. Department of Homeland Security wait to acquire the cash exposed during operations like Operation Rolling Thunder.

Civil Forfeiture In Effect

Civil Asset Forfeiture places property owners in dire straits, even in court, where they find their accounts contested by law enforcement officers. Largely, any element could justify this process – from cash concealed in envelopes to the presence of rubber bands. Conspicuously cluttered vehicles, talking excessively, and lighting cigarettes during traffic stops have also reportedly been justification for property seizure.

For participating agencies, civil forfeiture can be quite profitable, with them often retaining the entire proceeds from these seizures. Moreover, through a process termed “equitable sharing,” the federal government usually extracts at least a 20% cut when it becomes involved.

The Scale of The Issue

In 2022 alone, Operation Rolling Thunder yielded $968,611 from 11 agency participants, averaging over $8,000 per hour for five days. Often, despite finding no illegal substances or paraphernalia, officers seize large amounts of cash and items of value. The prevailing law enforcement policy during these operations appears to be simply, “If you see something, seize something.”