Posted on 08/25/2007 12:32:37 PM PDT by microgood
ALBUQUERQUE, N.M. — A trucker has sued the Drug Enforcement Administration, seeking to get back nearly $24,000 seized by DEA agents earlier this month at a weigh station on U.S. 54 in New Mexico north of El Paso, Texas.
Anastasio Prieto of El Paso gave a state police officer at the weigh station permission to search the truck to see if it contained "needles or cash in excess of $10,000," according to the American Civil Liberties Union, which filed the federal lawsuit Thursday.
Prieto told the officer he didn't have any needles but did have $23,700.
Officers took the money and turned it over to the DEA. DEA agents photographed and fingerprinted Prieto over his objections, then released him without charging him with anything.
Border Patrol agents searched his truck with drug-sniffing dogs, but found no evidence of illegal substances, the ACLU said.
The lawsuit alleges the defendants violated Prieto's right to be free of unlawful search and seizure by taking his money without probable cause and by fingerprinting and photographing him.
"Mere possession of approximately $23,700 does not establish probable cause for a search or seizure," the lawsuit said.
It said Prieto pulled into the weigh station about 10:30 a.m. Aug. 8 and was let go about 4 p.m.
DEA agents told Prieto he would receive a notice of federal proceedings to permanently forfeit the money within 30 days and that to get it back, he'd have to prove it was his and did not come from illegal drug sales.
They told him the process probably would take a year, the ACLU said.
The ACLU's New Mexico executive director, Peter Simonson, said Prieto needs his money now to pay bills and maintain his truck. The lawsuit said Prieto does not like banks and customarily carries his savings as cash.
"The government took Mr. Prieto's money as surely as if he had been robbed on a street corner at night," Simonson said. "In fact, being robbed might have been better. At least then the police would have treated him as the victim of a crime instead of as a perpetrator."
The DEA did not immediately respond Friday to a request for comment from The Associated Press.
Peter Olson, a spokesman for the Department of Public Safety, which oversees state police, said he could not comment on pending litigation.
The lawsuit names DEA Administrator Karen P. Tandy, DEA task force officer Gary T. Apodaca, DEA agent Joseph Montoya and three state police officers identified only as John or Jane Doe.
In the land of the free and home of the brave you see mere possession of cash as probable cause for confiscation?
Un-freepin-believable.
“So possessing cash is a crime?”
Apparently so, at least in very large quantities crossing borders without a reasonable explanation...
Yeah, if you deny them their search, they do it anyway then look for any excuse at all to arrest you, body cavity search you, dismantle your vehicle, and then shove you out the door without even a kiss or a $20 bill on the night stand.
Why should a free man have to justify to the government why he is carrying cash?
And how on Earth can you condone those actions and still pretend to enjoy freedom?
“In the land of the free and home of the brave you see mere possession of cash as probable cause for confiscation? Un-freepin-believable.”
Oh yea, it’s all a fascist conspiracy against idiots who cross borders with tens of thousands and no explanation…
Yeah, but even people as wacked out as the ACLU by the sheer laws of probability will get it right once out of a hundred times.
Interesting that you believe that citizens owe explanations to the government for their comings and goings.
Uhmmm, because 99.99% of the time people carrying tens of thousands across the Mexican border without explanation are drug runners?
Like I said, give him a low burden of proof and a quick process to show he's just an rare idiot who's still able to collect cash.
Borders= state lines and $23,700 in cash in my mind does not constitute large quantities, and, BTW, his explanation was he did not like banks. If he is an owner/operator 300 gallaons of fuel cost about $1000, thats less than 3 days driving. Tire blows? Thats another $300.Transmission or engine failure, another $10 K. His truck should gross about$150K-$200K a year. $23K is sqaut.
Have to go with the ACLU on this one.
You have proof for that statement or is it just pulled out of your butt...unlike your head.
“Since when did it become illegal to carry around large amounts cash? What has become of our once free country....”
Happens on I95 more often than you would believe. The theory is if you have that much cash, you must be doing something wrong. In order to get your property back, you must post 10% bond of the amount confiscated. Then go through a long and expensive procedure to TRY to get it back.
The DEA has done this with small farms and ranches too. On RUMORS of drug s on property they raid, find no drugs but file forfeiture proceedings anyway. Under forfeiture rules, you are considered guilty and you must prove your innocence.
“Interesting that you believe that citizens owe explanations to the government for their comings and goings.”
Yea, they should be able to take guns, dual use high technology and centrifuges either direction too. Next I’ll be spying on your dog.
“What happens if you deny them permission to search?”
If ever asked for permission to search, it’s not a yes or no answer. The correct answer to the officer is “if you have probable cause, you don’t need my permission”
Then the DEA ends up with bloody money.
Preconviction asset forfeiture should be criminal and those practicing it should be prosecuted.
The idea that the government’s agents can steal from citizens is so repugnant to any idea of freedom or liberty than every citizen should be nauseated at the thought of it.
And those that aren’t probable should find somewhere else to live.
“You have proof for that statement or is it just pulled out of your butt...unlike your head.”
You’re right, It’s really all about establishing taco franchises. Statistical support for that’s coming too...
This is the price we pay for the “War on Drugs(TM)”. Here you have govt. agents playing the roll of highwaymen.
There are also a myriad of regulations relating to depositing, withdrawing, or otherwise transacting more than $10k in cash at a financial institution. In addition, there are rules and reporting requirements for purchasing negotiables with cash at smaller limits. Plus, if you even act "suspicious", the financial institution can file a report on you anyways.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.