The problem here could be that the money was not declared. If you are asked by DOT if you have more than 10,000 in your truck and you do not answer, or say no, and they find the money. This is the issue. Drug dealers will not answer the question and the failure to address the issue would have led them to believe it was drug money. If he can prove otherwise at this point, the money will be returned.
As far as receiving damages, I doubt it. They were doing their job. However bad it may seem.
Driver sues feds after they search cab, confiscate $23,000 in cash
Discussion in 'Truckers News' started by Cybergal, Aug 27, 2007.
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Must be a John Edwards supporter
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read the article. He told DOT he had 20+k in cash.
I am not an edwards supporter, but a person in a legitimate job with 20k on them is not a criminal.
Everyone is innocent untill proven guilty, he had no drugs, cash is his, it should not take 12mo to get it back.
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Kind of a dangerous and STUPID article because now criminals may target SNI drivers thinking they all carry lots of cash or any trucker for that matter. Sorry that's just plain stupid to carry that kind of cash on you. You hear enough stories of drivers getting robbed each year lets not add to the fuel.
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And for that you want to give him $1,000,000.00 tax dollars?
Sounds like something a trial lawyer would say. -
NOPE, no where does it say he crossed the border with that money, no where does it even say he crossed the border at all. It says:I have passed thru U.S. Customs and Border Protection Checkpoints many miles from the Border. On I-10 over 100 miles EAST of El Paso; I-5 near Temecula CA; U.S. 281 near Falfurrias TX, ect.
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He DID, according to what I read
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Then what are we arguing about? LOL
If he crossed a border, he loses
If he did not cross a border, the cops screwed up, give him his money back.
Anytime the ACLU gets involved, there is usually more to the story. -
he was at an immigration checkpoint which are set up about 100 miles away from the border on roads heading into the interior
if search is refused i believe your DL can be taken
he did declare when asked a specific question, which is appropriate
if he had documentation for the cash, they should have checked it out...there is no crime committed in carrying large sums of cash, only suspicion -
That was declared illegal in Michigan a few years ago, where they were taking DL of those arrested for DWI at road-side check points. The Court said that it amounted to double jeopardy. The Court also determined that ONLY the Courts or the ISSUING Agency (DMV, Sec State, ect) could "remove" a DL either thru a Court-Ordered Suspension/Revocation or an Administrative Action. But I am not sure if it was a State Court or a U.S. District Court that made this determination.
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