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Yo_Mama_Been_Loggin

(108,335 posts)
Mon Apr 19, 2021, 12:10 PM Apr 2021

Supreme Court rejects appeal over pickup seized at border

Source: AP

WASHINGTON (AP) — The Supreme Court on Monday rejected an appeal from a Kentucky man whose pickup truck was seized at the Mexican border and held by the federal government for more than two years.

The justices did not comment in leaving in place a lower-court ruling against the man, Gerardo Serrano. He was asking the court to force the government to hold a prompt hearing when it takes people's property under forfeiture laws.

Those laws allow the government to seize property without ever having to prove it was used for illicit purposes.

Serrano was crossing the border at Eagle Pass, Texas, on his way to visit relatives in 2015 when federal border agents searched and then took possession of his Ford F-250 pickup.

Read more: https://www.msn.com/en-us/news/us/supreme-court-rejects-appeal-over-pickup-seized-at-border/ar-BB1fOLkd?li=BBnb7Kz



So much for due process.
13 replies = new reply since forum marked as read
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Warpy

(111,397 posts)
1. Clearly against the Fourt Amendment
Mon Apr 19, 2021, 12:35 PM
Apr 2021

but enshrined as a cornerstone of GOP Law'n'Order by successive courts.

It was such a racket here that it was ended for state and local PDs, the only people who can rob you now are the Feds.

It is robbery, too.

How dare he drive a fancy pickup truck while being Hispanic? Them things is for white folks.

(Over five bullets and no gun? Who are they kidding? This was completely insane.)

mahatmakanejeeves

(57,679 posts)
2. Remind me again who was president in 2015.
Mon Apr 19, 2021, 12:43 PM
Apr 2021
Serrano was crossing the border at Eagle Pass, Texas, on his way to visit relatives in 2015 when federal border agents searched and then took possession of his Ford F-250 pickup.

Thank you.

Warpy

(111,397 posts)
4. This body of bad law is for Congress to clean up, not a sitting president
Mon Apr 19, 2021, 01:24 PM
Apr 2021

since the USSC is now packed with fascist wingnuts.

You're welcome.

LeftInTX

(25,664 posts)
6. His truck was returned in 2017, so the Biden admin urged the court to reject the case.
Mon Apr 19, 2021, 02:50 PM
Apr 2021
https://apnews.com/article/truck-seized-over-5-bullets-gerardo-serrano-border-crossing-f550e0e8b5321b2431e4332b3e382f6c

Sounds like Serrano's cast was a broader claim was about civil asset forfeiture....

What I find strange about this case was Serrano was taking pictures of the border and he was pulled over for taking pictures...Then he said he deleted the pictures before the officers could see them....Is it illegal to take pictures??? And why did he delete the pictures within minutes of taking them?? Where was he at the border? Was he trespassing at an area??

Serrano is a bit crazy himself...He believes all citizens should be armed. He's a big Rand Paul supporter. The reason his truck was confiscated might be more than what what is in the news article. He may have done something more than just take pictures to piss off border patrol. Serrano was Republican congressional candidate and has a FB Page which touts a bunch of libertarian ideals..

At the time his truck was confiscated, he had already lost a primary to Hal Rogers
https://www.facebook.com/Serrano4Congress/

2014

Serrano's Facebook page highlighted the following campaign themes:
“ Like many Kentucky citizens I am Pro Second Amendment. I believe strongly in our right to exercise a Carry and Conceal Weapon license. I currently have both a Carry and Conceal (CCW) and a Federal Firearms license class 6 (FFL6.) I am also a member of the National Association for Gun Rights. I am Pro-Life. I believe that life begins at conception and that we should protect every life. I believe that government should act as an individual citizen, balancing their checkbook, as we balance ours. I am Pro Right-To-Work. I believe every citizen has the right to work without government interference. The government should not burden our children with unnecessary debt spent just to stay in office. I am concerned with the debt Kentucky has, and I believe that it is far greater than what the people are led to believe. It is vital for our state to be educated on the money that is being spent. It is also wrong for the government to leave it's citizens in the dark.[4][5] https://ballotpedia.org/Gerardo_Serrano

Sgent

(5,857 posts)
7. Taking pictures
Mon Apr 19, 2021, 03:13 PM
Apr 2021

at almost any customs / immigration station is forbidden and signs are posted pretty much everywhere -- this is not unique to the US. This wasn't a civil asset forfeiture case, it was a customs case (different body of law). CBP at a border crossing has much more authority to search / seize than your average cop.

LeftInTX

(25,664 posts)
9. True about search and seizure. I have not been there since 1998 so things have changed.
Mon Apr 19, 2021, 03:24 PM
Apr 2021

In 2012, a friend of mine and some graduate students went on a field study at Big Bend National Park. Two of the students in their group were not US citizens. They did not cross the border and the students did not bring their passports with them. But they crossed a checkpoint on their way back and everyone was detained for several hours until things were sorted out.

EX500rider

(10,882 posts)
13. I got that lecture from the Uzbekistan officials at one of their airports..
Tue Apr 20, 2021, 12:29 PM
Apr 2021

...since they had Uzbek Air Force planes at one end of the airport- no pictures allowed!

I laughed hard when I saw them, they were Antonov An-2's, a bi-plane that 1st flew in 1947...lol

Warpy

(111,397 posts)
10. So this guy was deprived of the use of his vehicle for 2 years or so
Mon Apr 19, 2021, 05:08 PM
Apr 2021

and had to spend time and effort fighting to get it back? For 5 bullets, no gun/ No charges filed?

This is exactly the kind of case the USSC needed to rule on. Forfeiture has gone way too far.

I suppose Biden looked at all the wingnuts and didn't want to bother.

 

Hugh_Lebowski

(33,643 posts)
12. That's my thought at well ... it's an important thing to fight against even if I don't
Tue Apr 20, 2021, 01:17 AM
Apr 2021

generally agree politically with the dude otherwise.

Congress should fix it though if SCOTUS won't.

LeftInTX

(25,664 posts)
8. Serrano is a perptual Republican-Libertarian congressional candidate.
Mon Apr 19, 2021, 03:14 PM
Apr 2021

There is something more to this story. He had written this a year before his truck was confiscated:

2014

Serrano's Facebook page highlighted the following campaign themes:
“ Like many Kentucky citizens I am Pro Second Amendment. I believe strongly in our right to exercise a Carry and Conceal Weapon license. I currently have both a Carry and Conceal (CCW) and a Federal Firearms license class 6 (FFL6.) I am also a member of the National Association for Gun Rights. I am Pro-Life. I believe that life begins at conception and that we should protect every life. I believe that government should act as an individual citizen, balancing their checkbook, as we balance ours. I am Pro Right-To-Work. I believe every citizen has the right to work without government interference. The government should not burden our children with unnecessary debt spent just to stay in office. I am concerned with the debt Kentucky has, and I believe that it is far greater than what the people are led to believe. It is vital for our state to be educated on the money that is being spent. It is also wrong for the government to leave it's citizens in the dark.[4][5] ” https://ballotpedia.org/Gerardo_Serrano

BobTheSubgenius

(11,572 posts)
11. Forfeiture laws are a DISGRACE!
Mon Apr 19, 2021, 05:44 PM
Apr 2021

Police forces, especially small ones, see these cases as a gift-wrapped revenue stream. You should see what some forces have used the money for. A Margarita machine. A small Zamboni for the ice the police rec league hockey team uses. One police chief bought himself a vacation home on the Gulf.

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