Asset Forfeiture: ACLU Sues DEA Over Trucker's Seized Cash

This is not true. weigh stations are located near interstate and state, as well as international boundaries.

You do not know if he was crossing the border or not, it's not stated in the article, but he was very close to the border, and in fact the Border Patrol searched his truck. It's very possible he did go through the border.

I don't know why you like to protect the underworld so much....are you a drug user or something yourself? Do you deal or something? What's your game duuuuuuddddddddddddde?

 

http://www.accountingweb.co.uk/cgi-bin/item.cgi?id=167561&d=1025&h=1020&f=1026&dateformat=%o %B %Y

 

http://en.wikipedia.org/wiki/Weigh_station

http://coopsareopen.com/texas-weigh-stations.html

not all weigh stations are near the border. But let's just say that this one was, and the guy was inspected by border patrol, etc.

How does that give the feds the right to seize his property without due process?

You haven't answered me or anyone else on this point, because you're unable to.

 

what are you puffing koko man?

why would you want to hamper the DEA and other groups like the FBI and anti-terrorist groups by not letting them hold onto seized cash.

People don't move massive amounts of cash unless they are up to no good. If you have that kind of money, you wire it through the banking system.

To say you carry $24K in cash as your savings is the most bogus thing i've ever heard. If it's true, stupidity shouldn't be protected.

 

This has been successfully letigated. I am not a lawyer but I play one on a BBS ... I think the deal is that people not property have due process rights.

 

Because the cash might be evidence. They can hold it for one year. All he has to do is show that it's not evidence. He has not be charged, and no one has taken his money and spent it.

Look, if the guy was honest, and it's his savings, what's he worried about? His money wasn't collecting interest in his truck. And it's certainly safer now than before.

 

the dude is from el paso according to the article.


anyway, speaking of international trucking (which this case seems to have absolutely nothing to do with other than being near the border), has anyone seen anything about the u.s. slowly letting mexican truckers on our roads. its a big issue that I saw on the news a couple of weeks ago. not much about drugs, more about safety standards, and competition.

 

you have officially become a caricture.

so I guess this is the epitome of less gov't conservative thinking, hey the gov't is in a better place to take care of all our money. not just income taxes.

 

But your logic if flipped around. The burden isn't on him to prove anything. The burden is on the government to prove probable cause in seizing his assets. If they can demonstrate probable cause then fine, but in no way should the driver have to prove that there isn't probable cause. That sounds ridiculous.

And the second sentence is ridiculous. Who cares if it isn't collecting interest or that it might be "safer?" That's not relevant to a constitutional question at all.

 

I think having that much cash near the border driving a transport vehicle is probable cause.

 

you can thank Clinton for that.

 

look, anyone who's a fool and carries around their life savings around on them is going to part ways with their money either for suspicion of illegal activity or being robbed.

The guy will probably get his money back, and maybe he'll learn his lesson and put it in the bank.

 

Evidence as to what? Exactly what evidence do they hope to garner from seized cash? The fact that it exists? What exactly do you think they'll find on the money? fingerprints? Honestly you can get so many fingerprints from any dollar bill that it would ultimately be worthless. And what's to say that the drug dealers aren't all using laundered money anyway? The fact is, mere possession of money isn't probable cause.

Also "if the guy was honest" - you do know there are court costs in order to challenge property seizures like this right? The guy's entire savings were allegedly in that $23k. How is he supposed to find redress if he can't afford a lawyer? Not to mention the government isn't liable to pay him a dime over what they seized. So what if the court costs amount to more than $23k? Also, you say the money wasn't spent. How do you know that? There are several cases of forfeiture where the department in question has spent the money for its own purposes. What's to prevent police from abusing their authority in order to balance the books?

You haven't thought this issue through at all. You merely put on speculative blinders and say "oh, but what if this, what if that...", and I think that's naive at best.

I bet your tune would change if you drove to downtown Houston on business, the cop pulled you over and confiscated your wallet and your car because you drove near an intersection where there are known to be drug dealers.

 

Oh ok. So because he's going to lose the money eventually anyway, let the government confiscate it without any real reason. I really hope you don't own anything.

 

I would never carry $23,000 cash on me. So I'll never have that problem.

The cash is the evidence. And they hold onto it to prevent it's use for illicit actitivty and to hold as evidence in case they do find something out more.

He has a lawyer and is suing for his money back. The system is working.

 

What I do own I can show that I accumulated it legally and honestly.

 

So you've saved your receipts on everything you've ever purchased?

I call bull****

 

You conveniently ignored the fact that the lawyer costs money. If this goes all the way to the supreme court you can bet your ass the total court costs will far exceed $23,000.

So, he'll spend his life savings fighting against what was an improper/unconstitutional seizure in the first place, and what's more, the government is not liable for punitive or remedial fines! isn't that something?

 

nope, i just have a record showing all my sources of income. thus i can prove that no of my money or property is like to come from something such as selling 10 cocaine to your kids.

 

yup everyone who has a cash only business/income are drug dealers