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Gerardo Serrano lives in rural Kentucky for peace and quiet. However, a story involving his truck and a trip across the U.S.- Mexico border suddenly made his life a bit more complicated. "I love my country, but if we have policies like this, forget it. I can't live in a place like this," Serrano says. It all started when Serrano decided to visit his cousin in Mexico. He got in his truck and drove down to Texas. As he reached the border, he took out his phone to snap a couple photos. "A border patrol agent walks by, and so I got his picture," Serrano recalls. What happened next completely took him by surprise. "He opens the door, unlocks my seat belt, and yanks me out of the truck, like some kind of rag doll," he says. "I said, 'Hey listen, I'm an American. You can't do that. I have rights.’" The border agent asked for his phone, but when he refused to give up his passcode, he was suddenly surrounded by five patrol agents searching his truck. "There's a guy that yells out, ‘We got him,’ and he puts his hand out and there was my magazine with five bullets in it." Serrano didn't realize five bullets had been left in the center console. He didn't think it'd be a problem since he had a license to conceal and carry, but then they sent him to a jail cell on the property. "Four hours go by, and then all of the sudden they say, ‘You can go.’" All Serrano had to do was sign a paper. "So, I put my shoes on, I look at the paper, and about the second sentence or so, it says, 'I'm gonna confiscate your truck.'" The paper said Gerardo was trying to smuggle "munitions of war" across the border. "You can't start a revolution with bullets like that," he says. "You can't start a war with that. But that's what they got me for." Since he knew he was innocent, Serrano expected to get his truck back very soon. When that didn’t happen, he contacted the Institute for Justice for help."The Institute for Justice, or IJ, is a nonprofit law firm that represents individuals whose most basic rights are violated by the government," Dr. Dick Carpenter, director of strategic research, says.What Serrano experienced is a legal and commonly used law enforcement tactic known as civil forfeiture. "Most people are familiar with criminal forfeiture. When somebody commits a crime, they're charged and convicted, and then as a result they have to give up property related to that crime," Dr. Carpenter explains. "But in civil forfeiture, no person is charged with a crime. Instead the property is charged and convicted."Civil forfeiture is used by the government to seize property that may have been involved in a crime, even if the owner was not. That property could be anything from cash, to a boat, a house, or in Serrano's case, his truck.Civil forfeiture has been on the books since the country was founded in the 1700s. Originally it was used to fight piracy, but the federal government expanded the policy during the War on Drugs in the 1980s. Now there's concern it gives law enforcement reason not only to violate the rights of citizens but to police for profit, as well. Stefan Cassella is a former prosecutor. He's used civil forfeiture to help win convictions in court, but he agrees there is some reasoning behind the concern."Are police out there seizing cash from the back of a car, because they think they will ultimately be able to use that to supplement their budget? That's a perfectly legitimate concern," he says. "The response to that is congress enacted that procedure because they wanted to encourage state and federal cooperation. There's just not enough federal agents to go around to police every county in the United States."Casella spent 30 years with the Department of Justice. He believes civil forfeiture is necessary in most cases because even if the owner of the property hasn't committed a crime, that property could help lead law enforcement to someone who has."You need it to be able to go after property when the defendant who committed the crime is a fugitive, is fighting extradition, or cannot be identified," he says. "You still have to prove the crime, and you still have to prove the property was derived from the crime, but without the ability to prosecute the individual, you'd have no other alternative.”Cassella says the government uses civil forfeiture to recover property stolen in foreign countries, to recover assets used to finance terrorism, to recover artwork stolen overseas, and to recover fraud money."I did a case involving a woman who defrauded terminally ill cancer patients by charging them huge sums of money for worthless medical procedures and then fleeing to Mexico where she was a fugitive, leaving behind her property in Oklahoma. If you didn't have civil forfeiture, you could not recover that property and try to get it back to the victims."So what about cases like Serrano's? He wasn't charged or arrested in his run-in with border patrol, but it took nearly two years for him to get his truck back. That's because U.S. Border Patrol is exempt from the 90-day limit for law enforcement to push the civil forfeiture paperwork forward. Serrano says it's not clear why that is."The DEA does 14,000 seizures a year. The FBI does between 4,000 to 5,000 seizures a year. Customs does about 60,000 seizures a year," he says. "So, I don't know what the reasoning was, but for whatever reason, Congress exempted customs cases."After multiple calls and emails to U.S. Border Patrol, we have yet to hear back.Serrano says getting his truck wasn't as special of a moment as he had anticipated, because what's most important to him is that what happened in his case doesn't continue."You're violating people's rights," he says. "This kind of policy doesn't belong here."Serrano is part of a class-action lawsuit. The case is pending in the appellate court and is scheduled to be heard in the fall."I don't want this in my country. I know, I know that it's unconstitutional."*************************************************If you’d like to contact the journalist for this story, email Elizabeth Ruiz at elizabeth.ruiz@scripps.com 6097

Health officials are asking Americans to take precautions over reports that "crypto," a fecal parasite that can be transmitted via swimming pools, is on the rise.The parasite's full name is 202

HANAU, Germany — Police say eight people have been killed in shootings in the German city of Hanau. A short police statement gave no information on the victims. It said authorities are searching for the perpetrators, and it is not immediately clear what the reason for the shootings late Wednesday may have been. Two hookah lounges reportedly were targeted in the shooting. Hanau is in southwestern Germany, about 20 kilometers (12 miles) east of Frankfurt. It has about 100,000 inhabitants. 504

Feeling lucky? No one won the Mega Millions jackpot on Tuesday night, so now the pot has climbed to 0 million.The next drawing is Friday, June 7 at 11 p.m. ET, so you have plenty of time to set up your next office pool or remember to swing by the gas station on your way home.This is the first time the Mega Millions jackpot has exceeded 0 million since last October's record-breaking .5 billion mark.If you win (and you won't, but it's fun to try), you can also take a paltry cash option of 3.9 million.There are actually more Mega Millions winners than you may think, relatively speaking. They just don't win the big big, buy-a-bigger-yacht-to-park-your-other-yachts-in money. 702

House Democrats on Thursday approved a legislative package aimed at ending the partial government shutdown, while rejecting President Donald Trump's demand for additional funding for a border wall, despite a White House veto threat.As a result, the legislation is expected to be dead on arrival in the Senate, leaving congressional Democrats and the administration at a stalemate that threatens to prolong the shutdown, which is wrapping up its second week.The House of Representatives first voted on Thursday to approve a stopgap spending bill for the Department of Homeland Security that would not allocate any new wall funding, in a rebuke to the President. The bill passed by 239-192, with five Republicans joining Democrats.Shortly afterward, the House voted to approve a legislative package made up of six full-year spending bills to reopen shuttered parts of the federal government.The key sticking point in the shutdown fight has been the President's demand for billion in wall funding, which congressional Democrats have refused to meet.House Democrats have stressed that their plan to reopen the government would not provide any additional funding for a border wall, leading congressional Republicans and the White House to call the effort a "nonstarter." On Thursday evening, the White House issued a veto threat against the legislation ahead of the expected House vote.Earlier in the day, newly elected House Speaker Nancy Pelosi criticized the President's wall as "a waste of money" and "an immorality" during a news conference hours after reclaiming the gavel in the new Congress.The partial government shutdown stretched into its 13th day on Thursday, when the new Democratic House majority was sworn in.As the stalemate continues, there is no end in sight to the partial shutdown, which is affecting hundreds of thousands of federal workers who have either been furloughed or have had to work without pay."We're trying to open up government," Pelosi said on Thursday.But she suggested that Democrats don't plan to budge from their refusal to allocate wall money."We're not doing a wall," Pelosi said emphatically. "Does anybody have any doubt? We are not doing a wall." 2200