Legal Plunder: Indiana Police Prey On Packages Transiting Huge FedEx Hub

From a federal government operating far beyond the bounds of the Constitution to law enforcement agencies routinely entering private property without warrantstyranny takes many forms in the United States. However, few are as shocking to the sensibilities as civil asset forfeiture, the controversial practice that empowers police to seize money, cars, trucks, houses or anything else they merely accuse of having a link to criminal activity — regardless of whether the property owner is charged with a crime.

Civil asset forfeiture is an affront to anyone who’s sincerely committed to the American justice system’s cornerstone presumption of innocence. With law enforcement typically keeping some or all of the assets that are seized, the practice has rightly been called “policing for profit.”

I’ve previously examined the raw tyranny of civil asset forfeiture, spotlighting the story of a Mississippi man who took $42,300 in cash to Houston with the intent of buying a second semi truck for his fledgling trucking business, only to have it seized — or, in legal jargon, “forfeited” — by Harris County police, who pulled him over for allegedly following the vehicle in front of him too closely.

Now I’m compelled to share a new example of this legalized theft — the most brazenly unjust and opportunistic one I’ve encountered yet: In an ongoing, multi-million-dollar racket in Indianapolis, police are routinely seizing cash they find in FedEx packages that happen to be routed through that company’s second-largest hub.

Like bears wading into a river teeming with salmon, state and local Indiana police officers routinely stride up to the conveyer belts at FedEx’s sprawling Indianapolis facility, where tens of thousands of packages flow by every hour, pouncing when they see a package with traits that meet their absurdly broad definition of “suspicious.”

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Lawsuit Claims Indiana Unconstitutionally Seizes Millions in Cash From FedEx Packages Every Year

A new class action lawsuit accuses Indiana law enforcement of seizing millions of dollars a year in cash from FedEx packages without ever informing owners of what crime they’re suspected of violating.

Henry and Minh Cheng, who run a small California jewelry wholesaler business, allege in a class action countersuit filed in Indiana state court that police seized over $42,000 in cash from a FedEx package en route to them from a client in Virginia. County prosecutors then filed a lawsuit to forfeit their money through civil asset forfeiture, claiming the Chengs’ money was connected to a violation of a criminal statute, but the complaint never stated which statute.

The Chengs’ suit, though, says they’re not the only victims. The lawsuit says Indiana law enforcement officials “exploit Indianapolis’s location at the Crossroads of America to forfeit millions of dollars in currency being shipped from one side of the nation to the other.”

The Chengs’ countersuit against the Marion County Prosecutor’s Office and the State of Indiana was filed on their behalf by the Institute for Justice (I.J.), a libertarian public interest law firm that has challenged civil asset forfeiture laws in several states.

According to I.J., the Marion County Prosecutor’s Office has sued to forfeit $2.5 million in currency from at least 130 FedEx parcels in transit from one non-Indiana state to another over the past two years.

“This scheme is one of the most predatory we have seen, and it’s past time to put a stop to it,” I.J. senior attorney Sam Gedge said in a press release. “It’s illegal and unconstitutional for Indiana to forfeit in-transit money whose only connection to Indiana is the happenstance of FedEx’s shipping practices.”

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Cops Are Dressing Up Like FedEx Guys and Arresting People for Drugs

A federal court ruled this month that evidence of drugs obtained by police from a package at a FedEx sorting center was not seized unconstitutionally, rejecting the defendant’s arguments that the seizure violated his Fourth Amendment rights.

At the center of the decision is a little-known agreement allowing law enforcement agencies to confiscate parcels at the shipping behemoth’s sorting centers. Police are permitted to take packages only if a drug dog indicates there may be contraband inside. Individual cops, however, determine which packages merit attention, allowing them to zero in on people’s property, dress up as FedEx delivery men, and proceed with arrests if they testify that a drug dog alerted them appropriately.

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