One farmer from Kentucky, Gerardo Serrano, is currently fighting back against asset forfeiture laws
by enduring the legal battle to try and get back his $60,000 new F-250 truck that was confiscated by authorities over two years ago.
Serrano was never arrested, detained, charged, tried, or convicted of any crime.
But authorities did take his truck two years ago, thanks to the controversial program known as civil asset forfeiture. And now he's enduring a very lengthy and costly battle to try and get it back.
This is a practice that has generated a lot of criticism over the years because it's been used to confiscate billions of dollars in assets from the American people. And many of them have never been charged or convicted of any crime in relation to that property confiscation, and so it's no wonder that many would feel and believe that their rights have been violated because of it.
Two years ago, Serrano says that he was on his way to Mexico with the truck to visit relatives.
Along the way, he allegedly had been taking photographs of the surrounding area on his cellphone, and before he got to his destination, he was stopped by border guards in Texas, who demanded that he provide his cell phone to them.
Serrano, who several years ago ran as a Republican candidate for the Kentucky House of Representatives, suggested that the officers should have a warrant first before confiscating his phone; that allegedly triggered a search of his vehicle.
When the officers searched his vehicle they had found a magazine clip with several bullets in it. However, Serrano did allegedly have the proper concealed carry permit for the state of Kentucky, which obviously isn't the area where authorities had stopped him. And Serrano has also held his federal firearms license, along with being a member of the National Association for Gun Rights.
Serrano is a farmer who lives in a rural area of Kentucky and it isn't uncommon for him to travel around with a firearm in his vehicle. In this case it seems he simply forgot about those bullets and it's a mistake that has cost him tens of thousands of dollars. But should it have?
Whenever a legal gun owner crosses state lines and travels into a territory that doesn't permit concealed carry for example, then they can end up in prison because of their actions. In an effort to try and change that, there's a recent conceal carry gun bill that has been introduced that is seeking to make changes that can help to avoid problems like this. Because some Americans don't believe that their 2nd amendment rights should dissolve and be unprotected simply because they are crossing over to another state.
It's known as the Concealed Carry Reciprocity Act of 2017.
And if passed, it would mean that for those who do hold legal permits to carry guns, that they would be able to carry those concealed weapons across different states without the fear that they are in violation of any law. It's trying to prevent the state from wasting valuable resources on prosecuting folks who are trying to be law-abiding gun owners.
Ongoing Legal Battle...
The border patrol in Serrano's case eventually claimed that he was attempting to smuggle munitions of war, and it's allegedly been 2 years of delays in trying to get his matter to court. He has filed a lawsuit against the agency and is fighting to try and get his property back. But he isn't only fighting for himself.
Serrano has teamed up with the Institute for Justice, in order to launch his lawsuit. And he is launching a lawsuit on behalf of all US citizens who have fallen victim to this procedure and had their vehicles seized by border patrol in the same fashion. The suit is seeking an injunction against federal agencies in demanding that the border agency provide a prompt hearing whenever they take any vehicles under this program.
Serrano to this day says that he is still making $673 monthly car payments on his confiscated truck.
Pics:
Institute for Justice
Pixabay
Institute for Justice via foxnews
Source:
http://www.foxnews.com/politics/2017/09/20/has-asset-forfeiture-gone-too-far-truck-seizure-case-sparks-outrage-call-for-change.html
https://www.washingtonpost.com/news/wonk/wp/2017/09/13/customs-agents-seized-a-lawful-gun-owners-truck-over-five-bullets-now-hes-suing-to-get-it-back/?tid=sm_fb&utm_term=.002cc31ec2ac
http://www.foxnews.com/politics/2017/03/22/conceal-carry-gun-bill-would-allow-states-to-cross-honor-permits.html
http://ij.org/client/gerardo-serrano/
https://ballotpedia.org/Gerardo_Serrano
Related Posts:
DOJ Looks To Ramp Up Asset Forfeiture Across The U.S.
https://steemit.com/news/@doitvoluntarily/doj-looks-to-ramp-up-asset-forfeiture-across-the-u-s
Plans To Revive Civil Asset Forfeiture Fall Flat
https://steemit.com/news/@doitvoluntarily/plans-to-revive-civil-asset-forfeiture-fall-flat
Law enforcement = biggest mafia ever. The Mexican drug carters and the Italian mafia have nothing on the U.S. cops and their unions.
They do have the media on their side, that helps with PR for sure.
I can't think of anything more infuriating than paying $700 a month for a car that has been seized by the state.
I thought America was supposed to be the 'land of the free'?
Oh, I think that was a typo. It's 'Land of the Fee'.
Hehehe
You have the right to THINK whatever you want in your own PRIVATE mind!
.......For the time being.
-Uncle Sam
Land of the free? What! Whoever told you that is your enemy.
EVERYONE should be outraged over this - EVERYONE!!
You know the way we look back at barbers doing blood-letting and applying leaches and calling that "healthcare?" That is what future generation will think of modern US freedom. (I always spell it "free dumb" in my head, helps the cognitive dissonance headaches...)
Haha wtf= where's the freedom?
I am still trying to figure out how this is even close to Constitutional and yet we have a Federal AG, The weak kneed, spineless scared to go after Hillary, Jeff Session trying to ramp this up.
American's need to get on the steps of every courthouse in America and bring the damn house down. This crap must end.
Counties spend too much on building those courthouses. Marble floors, 10 foot ceilings, etc.; look like palaces.
They must think highly of themselves..
wow this is a very interesting story, so whatever happens we have to defend it even though we are just ordinary people but the law is outrageous. Nice post @doitvoluntarily
Yeah man, this shit drives me insane. I have personally cops that do this for a living. For further reading
https://www.forbes.com/sites/instituteforjustice/2014/06/05/cops-in-texas-seize-millions-by-policing-for-profit/
The military practices this is warzones as well. Ever wonder why vets turned cops are so good at this. I know from 1st hand experience.
Think of it as just another tax; a rather random and painful one.
No one should ever just let things go , we have a voice , we have rights and we should apply them when needed . Bravo !!
Yea what happened to innocent until proven guilty?
i tend to think it is all about money...not any illegal activity at the expense of the little guy. Sad. But if they can auction off property for $$$$ well they have an incentive to racketeer and how many have the deep pockets to stop them? Great story and I hope we here more folks put up a fight. Thanks.
So once the truck is paid off and no longer the property of the bank, who gets the title? Or does it even matter at that point?
I'd like to see the bank try to repo it from the police lol
I suppose that even when the new bill for intra-state permission of holding guns for legal gun owners passes, that might not help Serrano, because cases from the past remain under the laws from that time period.
But I truly hope that little by little, the system will starting working towards the improvement of the position of the US citizen instead of against it.
I just shook up the magic 8 ball: "Don't count on it."...
Ok Tried again: "Outlook not good.".....
I wish you success .
Nice post @doitvoluntarily I had something similar happen to me in Oklahoma back in 2001. This is a silent epidemic and is one of the reasons why I'm a fan of cryptocurrencies.
https://steemit.com/bitcoin/@zoidsoft/how-bitcoin-defeats-civil-asset-forfeiture
I was wondering, is the lawsuit only against border patrol, or all police agencies? Because at this point after 911, they all do policing for profit.
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STOPThis is the VERY REASON why we have the 2nd Amendment. I'm surprised more people aren't killing cops that try this. As it IS highway robbery as far as I see it. I don't care what badge they do or don't carry. The 2nd amendment comes 1st! If every time a cop tried this they were dropped on the spot for the room temp challenge for highway robbery that it is,.. I promise you, it would stop.
Well, if you draw on a cop, the cops will swarm on you. You won't be fighting just that cop that tried to rob you, but every damn cop that wears a badge. They won't care if you were being robbed by a cop, they will only care that you shot at their colors - just like every other gang.
which is why i said if it happened regularly. I didn't say there wouldnt be costs. But there would be ripples created. Im not anti cop. I have had LOTS of family in the law enforcement field. My own dad was a deputy sheriff. Im just pro-constitution 1st. yes there would be a cost. there always is. the reason we have the issue now is likely bc the cost has not been paid in recent times enough. kinda like trimming weeds from the garden. or letting the wolves continue to claim your land. If you do they will keep taking. Im also not saying shoot and run for the rest of your life. Address it "legally" afterwards. Ironically it's like the answer my own cousin that worked at Huntsville prison here in Tx when I asked him what he would do if he were in a comprimised situation with an inmate. He said, "it's better to be tried by 12 than carried by 6" In a like way it's the same, but it's the life of our freedom that we will loose if we don't resist. What makes a sovereign country sovereign? It's ability to govern its borders. We have been "allowing" government to take our rights. We need to resist that or as any human they will crave more. I'm not a cop hater I just hate a bully no matter if he carries a badge or not. We should stomp out evil wherever it is sadly even if it carries a badge perhaps especially when it carries a badge... food for thought.
One court case in the right direction would have the same effect with no more violence. Hopefully this gets worked out there. I support the Institute for Justice.
Wow, that is unbelievable. Theft is theft, no matter who commits the act and what the intent is. A couple of bullets in a magazine shouldn't matter at all.
Legal Plunder
Sad to see stuff like this... but Thank You for reporting on it. It's important to know about and to take actions to keep safe.
Good Morning doit.... greets