Several weeks ago, Kentucky farmer Gerardo Serrano launched a lawsuit, with help from the Institute for Justice, to try and get back his expensive F-250 truck that authorities previously confiscated under civil asset forfeiture rules. Serrano lost his truck for over two years, despite authorities never convicting him of any crime in relation to the confiscation.
And through the lawsuit, he wasn't only seeking his truck back, but he is also looking for compensatory damages and class action certification to represent other individuals who have faced similar circumstances.
It didn't take long after Serrano's lawsuit against the CBP was launched, for the state authorities to contact him and let him know that he could come and get his truck back.
Representatives with the Institute for Justice have said that by giving the property back, that the government is trying to avoid judicial review. And they say that this isn't the first time this has happened, they allege that it's been a similar result on numerous occasions; when the state has been found violating the Constitution and due process in confiscating property like they did with Serrano's case.
This practice has been going on for many years and in that time thousands of people have fallen victim to having their assets confiscated; despite never being arrested, charged, or convicted of any crime.
In 2015 alone, it's estimated that border agents in the US in just one state seized hundreds of different vehicles. And every single one of those confiscations allegedly came from American citizens who were never found convicted of any crime in relation to the confiscation; according to Freedom of Information Act data that was obtained by the Institute for Justice.
Because of the abuse that this policy seems to afford, several states (at least 14 of them) have already taken to passing legislation trying to restrain this policy and practice. They've sought to set a standard of requiring a conviction before any assets can be confiscated. Federal authorities recently signaled that they were going to ramp up the civil asset forfeiture abuse in the near future, but their plans have been met with harsh criticism both from the public and political opposition.
Though Serrano might have gotten his truck returned, the fight isn't over yet. He can still press forward fighting for all of the other people who have also been victims of the same abuse that he has, with the suit seeking a class action certification. The federal government allegedly has until the middle of November to respond formally to the lawsuit.
Pics:
Pixabay
Sources:
https://www.tribtalk.org/2017/10/06/we-must-right-the-wrongs-committed-through-civil-forfeiture-process/
http://www.huffingtonpost.ca/entry/state-civil-asset-forfeiture-reform_us_5899d21be4b09bd304bd73dc
https://www.vice.com/en_ca/article/9bnezd/bad-cop-blotter-asset-forfeiture-the-cash-cow-of-the-drug-war
https://www.washingtonpost.com/news/wonk/wp/2017/10/20/customs-took-his-truck-without-charging-him-with-a-crime-two-years-later-hes-finally-getting-it-back/?utm_term=.e1eb838d965e
http://www.macombdaily.com/general-news/20171022/customs-took-his-truck-without-charging-him-two-years-later-hes-getting-it-back
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