US Customs & BP Consficate truck for five rounds of ammo.

Button Pusher

Button Pusher

Well-Known Member
2A Bourbon Hound 2024
2A Bourbon Hound OG
Benefactor
Life Member
Joined
Feb 2, 2017
Messages
29,412
Location
Raleigh
Rating - 100%
34   0   0
WASHINGTON – Two years ago, Gerardo Serano – an American citizen, Kentucky farmer and a one-time GOP Kentucky statehouse candidate – was driving his brand new, $60,000 Ford F-250 pick-up truck to visit relatives in Mexico, snapping pictures along the way, when US Customs and Border Patrol agents halted him at the border, demanded his cell phone, and asked him why he was taking pictures.
US Customs and Border Patrol agents vehemently when they asked him to unlock his phone, "You need a warrant for that," he says he told them. They searched his truck and found five bullets in a magazine clip that Serano, a Kentucky concealed carry permit holder, forgot to remove before leaving his home.

He was arrested but never charged, they kept his new truck and he has been making $673 payments on the truck loan for two years.

No doubt this case will go to SCOTUS.


http://www.foxnews.com/politics/201...zure-case-sparks-outrage-call-for-change.html
 
Seems perfectly reasonable to me. After all, he was transporting "munitions of war".
 
Hopefully the attorney who argues against it to SCOTUS has their ducks in a row and it doesn't go the way of NFA 1934 and basically get ushered in and held because of little to no argument
 
That's absurd. I could understand if he had a history of suspicion border crossings, gang affiliations, felony convictions, or other violations during this stop, but to seize someone's truck over 5rds of ammo, which by themselves are useless, is insane.
 
Jerzsubbie said:
That's absurd. I could understand if he had a history of suspicion border crossings, gang affiliations, felony convictions, or other violations during this stop, but to seize someone's truck over 5rds of ammo, which by themselves are useless, is insane.
Click to expand...
It's obvious, someone took a liking to his truck and now they have it and he doesn't. .gov at it's finest...

Sent from my SAMSUNG-SM-J120AZ using Tapatalk
 
Oneofsix said:
It's obvious, someone took a liking to his truck
Click to expand...

Or more likely, someone envied the guy having the truck and thought, "If I can't have one of those, why the **** should he?".
 
Just another day in the Land of the Free(TM) and the Home of the Brave (R).*

But muh Border Patrol......

*All Rights Ignored or Violated. Some Restrictions and Conditions Apply. For a list of all restrictions and infringements, see majority of US and applicable State Statute Law. Any questioning of authority, especially law enforcement, will be met with violence and extreme prejudice, to include incarceration, warrantless seizure of property, and assault. In some Citizens, questioning of authority has even resulted in Death. The Thin Blue Line, the Defenders of the Thin Blue Line and all other subsidiaries not liable for any action with regards to violations of Rights.
 
Last edited:
That entire thing is just ridiculous.

At least he has Rand Paul on his side, maybe that will help.
 
Jerzsubbie said:
They'd ruin your credit but the part of the bank trying to get their asset would be interesting haha.
Click to expand...
it won't ruin your credit anymore than Equifax already has. I've already been up down and around that game, it won't impact you getting credit or even buying another car in this market.
 
Last edited:
  • Like
Reactions: SPM
This BS asset forfeiture crap needs to stop. It doesn't need a SCOTUS case. The legislature needs to either grow or strap on a pair and declare it a violation that is not permitted. It has the power, which should mean that The People have the power (but don't, and that's a lot of the issue).
 
Climberman said:
Asset forfeiture needs to go. Now. No seizure without due process. See Amendment 4 of the Bill of Rights.
Click to expand...

It's actually in the 5th Amendment. I'm sure that explains why they are doing precisely that which is flat out prohibited by the highest law of the land, they were just looking in the wrong amendment.

Oh well, no harm, no foul. "Good faith intent" and all that.

Move along folks, nothing to see here.
 
He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.

 
Less we forget, Obunghole had 8 years to fill as many federal jobs with leftists as he and his department heads could fill. There are leftists in every part of government including the military and law enforcement. This doesn't surprise me one bit.
 
Downeast said:
Less we forget, Obunghole had 8 years to fill as many federal jobs with leftists as he and his department heads could fill. There are leftists in every part of government including the military and law enforcement. This doesn't surprise me one bit.
Click to expand...
Actually, Sessions at the direction of Trump has rolled back some Obama era curbs on civil forfeiture and gave the government more power in this regard.
 
Diverdad said:
Hopefully some of this BS will calm down now that Obama is gone but I'm not holding my breath.
Click to expand...

AD43576 said:
Politicians come and go, but bureaucrats remain the same. It will not change.
Click to expand...

Indeed.

Asset forfeiture has been batted around historically for centuries...perhaps even back to the Roman Empire days.

The "writs of assistance" the British crown liked to use went a long way towards angering the colonists over "unreasonable searches and seizures" before we said "enough is enough" and declared our independence.

Speaking of "unreasonable searches and seizures"...this kind of behavior is EXACTLY why the Fifth Amendment was written, and written the way it is.


No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


It's very clearly and plainly worded, right there for all to see. And yet, here we are...

The current round of asset forfeiture laws, however, was signed into law by no less than Ronald Reagan under the Comprehensive Crime Control Act of 1984.

In my opinion, a lot of factors lead to the current round of asset forfeiture laws and very likely stemmed as a sort of legal backlash resulting from such civil rights gains that resulted from the likes of Miranda v. Arizona (1966) and Berkermer v. McCarthy (1984). There were a lot of black eyes in the late 60s and throughout the 70s for corruption which seriously challenged the power and authority of the police and police tactics. (One of the most sell known stories is that of Frank Serpico.) The idea that those the police arrested were legally entitled to be informed of their rights by the very people arresting them was anathema.

Then came the "War on Drugs"...which flipped the tables again. And here we are now, more than three decades later, still dealing with corrupt applications of policing procedures, such as asset forfeiture. Which, coincidentally, shovels money DIRECTLY into the coffers of law enforcement.
 
RetiredUSNChief said:
And here we are now, more than three decades later, still dealing with corrupt applications of policing procedures, such as asset forfeiture. Which, coincidentally, shovels money DIRECTLY into the coffers of law enforcement.
Click to expand...

Interestingly enough, when the economy is down and budgets tighten, asset forfeiture goes way up.

It's almost as if LE has an incentive to steal.....
 
I think I've said in another thread the fact that "government" and the "legal" system are in the big revenue business is indicative of a problem in and of itself.
 
  • Like
Reactions: Hub
You must log in or register to reply here.
Back
Top Bottom