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ACLU sues DEA on behalf of truck whose money was seized
Houston Chronicle ^ | August 24, 2007 | The Associated Press

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.


TOPICS: News/Current Events; US: New Mexico
KEYWORDS: aclu; assetforfeiture; dea; donutwatch; govwatch; lawsuit; legalizedtheft; leo; prieto; thieves; trucking; wod; wodlist
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To: goldstategop

Thank you!


61 posted on 08/25/2007 1:42:30 PM PDT by Eagle Eye (If you agee with Democrats you agree with America's enemies.)
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To: dalereed

Declare it to who?


62 posted on 08/25/2007 1:44:36 PM PDT by Minutemen ("It's a Religion of Peace")
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Comment #63 Removed by Moderator

To: microgood

????”needles or cash in excess of $10,000,”????


64 posted on 08/25/2007 1:45:25 PM PDT by Minutemen ("It's a Religion of Peace")
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To: elfman2

Driving around domesticly with over $10,000 seems to be reasonable cause for search,.................I have no idea what frame of mind you are in, but it sucks to be you.


65 posted on 08/25/2007 1:45:44 PM PDT by eastforker (.308 SOCOM 16, hottest brand going.2350 FPS muzzle..M.. velocity)
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To: vetsvette
A warrant is generally not required to search a vehicle involved in a traffic stop. See: Carroll doctrine

As a general rule I would make it absolutely clear that I do not consent to a search, but would fully cooperate if the officer chose to conduct a search anyway. If you consent, it will be extremely difficult to get the court to find that the search was illegal - even if there was no valid basis for it.

66 posted on 08/25/2007 1:46:02 PM PDT by ROP_RIP
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To: Minutemen

“Declare it to who?”

US Customs when you cross the border.


67 posted on 08/25/2007 1:47:12 PM PDT by dalereed
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To: dalereed
"Declare it to who?"

Sorry, my bad! (eyes) I read COUNTY: should haveread COUNTRY!

68 posted on 08/25/2007 1:47:57 PM PDT by Minutemen ("It's a Religion of Peace")
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To: Eagle Eye
“So you’re still condoning government agents stealing money from a resident without any evidence of a crime, aren’t you?”

No way bubba. Me and my kin’ll be helping you fending'm off from your bunker as long as your Y2K rations hold out.

69 posted on 08/25/2007 1:48:07 PM PDT by elfman2 (An army of amateurs doing the media's job.)
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To: Doe Eyes

Protecting us from whom?

Sorry, I didn’t see any “/s” tag or similar, so I have to ask.


70 posted on 08/25/2007 1:50:46 PM PDT by Eagle Eye (If you agee with Democrats you agree with America's enemies.)
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To: goldstategop
State Mounties here do it all the time (grab $5,000 cash) from a restaraunt owner on his way home with the days receipts.
He has to prove it ISN'T drug money. Matter of fact, he can spend that much in legal fees defending himself- RUBBISH
71 posted on 08/25/2007 1:51:56 PM PDT by Minutemen ("It's a Religion of Peace")
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To: eastforker
“I have no idea what frame of mind you are in, but it sucks to be you.”

You’re right Tex, I’m just a fascist wacko coming for them big catfish of yours next...

72 posted on 08/25/2007 1:52:16 PM PDT by elfman2 (An army of amateurs doing the media's job.)
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To: elfman2

lol

Count me in. I don’t see any point in living forever.


73 posted on 08/25/2007 1:52:28 PM PDT by live+let_live
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To: elfman2

You’re so smart you must have bof teef.


74 posted on 08/25/2007 1:52:39 PM PDT by Eagle Eye (If you agee with Democrats you agree with America's enemies.)
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To: microgood
"It is pretty bad when you have to take sides with ACLU."

Agreed, but what're you gonna do?

The ACLU's gotta be in the right ONCE in a while, eh?

75 posted on 08/25/2007 1:53:10 PM PDT by Redbob (WWJBD - "What would Jack Bauer Do?")
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To: ROP_RIP

“A warrant is generally not required to search a vehicle involved in a traffic stop. See: Carroll doctrine”

I stand corrected — but the effect is about the same.

I would never consent, but I’d expect the worst from my refusal.


76 posted on 08/25/2007 1:54:07 PM PDT by vetsvette (Bring Him Back)
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To: elfman2
...across the Mexican border...

The story says weigh station, not border. Is it illegal to have larg amounts of cash in a border town?

77 posted on 08/25/2007 1:54:18 PM PDT by Minn (Here is a realistic picture of the prophet: ----> ([: {()
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To: Myrddin
If the truck driver carried over $10,000 across the border without a proper declaration, that will result in legal action.

But millions of illegal aliens do it every week- one paycheck at a time going back to Mexico-
But that is o.k.?

78 posted on 08/25/2007 1:55:16 PM PDT by Minutemen ("It's a Religion of Peace")
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To: eastforker
Driving around domesticly with over $10,000 seems to be reasonable cause for search,

And his money should be confiscated even though nothing illegal was found?

79 posted on 08/25/2007 1:55:40 PM PDT by Doe Eyes
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To: elfman2; eastforker

Nah, you’re just a poor imitation of Kevin Curry with only a fraction of his wit and intelligence.

Heck, you’re making his discussion style appear credible in comparison to yours.


80 posted on 08/25/2007 1:56:24 PM PDT by Eagle Eye (If you agee with Democrats you agree with America's enemies.)
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