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.
Thank you!
Declare it to who?
????”needles or cash in excess of $10,000,”????
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.
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.
“Declare it to who?”
US Customs when you cross the border.
Sorry, my bad! (eyes) I read COUNTY: should haveread COUNTRY!
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.
Protecting us from whom?
Sorry, I didn’t see any “/s” tag or similar, so I have to ask.
You’re right Tex, I’m just a fascist wacko coming for them big catfish of yours next...
lol
Count me in. I don’t see any point in living forever.
You’re so smart you must have bof teef.
Agreed, but what're you gonna do?
The ACLU's gotta be in the right ONCE in a while, eh?
“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.
The story says weigh station, not border. Is it illegal to have larg amounts of cash in a border town?
But millions of illegal aliens do it every week- one paycheck at a time going back to Mexico-
But that is o.k.?
And his money should be confiscated even though nothing illegal was found?
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.
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