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Wed Sep 13, 2017, 12:17 PM

Customs agents seized a lawful gun owner's truck over five bullets. Now he's suing to get it back.

Retweeted by David Fahrenthold: https://twitter.com/Fahrenthold

Today in civil forfeiture: Customs agents seize a gun owner's $40,000 truck after they found five bullets in it.



Customs agents seized a lawful gun owners truck over five bullets. Now hes suing to get it back.

By Christopher Ingraham September 13 at 9:00 AM

On Sept. 21, 2015, Gerardo Serrano was driving from his home in Kentucky to Piedras Negras, Mexico, when his truck was searched by U.S. Customs and Border Protection agents at Texas's Eagle Pass border crossing. After finding a small ammunition clip, the agents took Serrano's truck from him.

Two years later, Customs hasn't charged Serrano with a crime, and they haven't given his truck back either. Now he's suing over what he calls a violation of his constitutional rights.

Customs seized the truck under the laws of civil asset forfeiture, which allow authorities to take cash and property from citizens upon suspicion of criminal wrongdoing. Because it happens under civil law, no criminal conviction or even criminal charge is necessary for authorities to take property they believe is connected to a crime.

Supporters call civil forfeiture a valuable crime fighting tool that allows authorities to take criminals' ill-gotten gains and put them to good use. Critics, like Serrano, contend the practice is an invitation to abuse that ensnares thousands of innocent citizens each year. ... Serrano's case hinges on the meaning of those five bullets.
....

Christopher Ingraham writes about politics, drug policy and all things data. He previously worked at the Brookings Institution and the Pew Research Center. Follow @_cingraham

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Reply Customs agents seized a lawful gun owner's truck over five bullets. Now he's suing to get it back. (Original post)
mahatmakanejeeves Sep 13 OP
matt819 Sep 13 #1
Always Right Oct 11 #2

Response to mahatmakanejeeves (Original post)

Wed Sep 13, 2017, 12:24 PM

1. Hmm. . .

Let's see, guy with Hispanic (or Portuguese or Sephardic Jewish) name, who doesn't look especially Caucasian.

I wonder if that had anything to do with it. I wonder if any white guys with gun racks were stopped and found to be in possessions of munitions of war, and what happened to them.

But, hey, maybe this is on the level, and it's just me over reacting.

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Response to mahatmakanejeeves (Original post)

Wed Oct 11, 2017, 01:53 PM

2. Not the first time this type of thing has happened.

Odds aren't too good for him getting his truck back.

See Leonard v. Texas (2017)

[link:https://www.supremecourt.gov/opinions/16pdf/16-122_1b7d.pdf|

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