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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
I totally get why vegans won't be eating the Burger King Rebel Whopper in the UK, but to see so many asking "what's the point?" seems utterly bizarre. What, you'd prefer the largest burger chains in the world didn't introduce plant-based options? This progress is HUGE!— Sam W ? (@saminalrights) January 6, 2020 323
From your smartphone to your TV, computer or tablet, many of us pretty much stare at screens most of the day. This can put a strain on our eyes, which is why some people are turning to blue light filtering glasses. "I get people in here every day saying that their eyes get really sore, they burn or get really dry by the end of the day," said ophthalmologist Lauran Zimski. "When people sit at a computer, they blink about half the amount of times they would normally blink."You can find the blue light glasses at eyeglass counters, online and at big box stores. They can cost anywhere from up to 0. "So, blue is a particular wavelength of light that has been shown to basically keep you awake during the day," said Zimski. Zimski says there’s research that supports the theory that the glasses help people sleep."There's a lot of good research that shows if you wear blue blocking glasses before bedtime when you're looking at a digital device, you will fall asleep easier," said Zimski.But, if you're sitting in an office all day, Zimski says "there’s no real evidence that it helps with eye strain during the day staring at a computer."So, what does that mean for those addicted to their devices?"I certainly do have patients that feel like they do help with eye strain at the computer so you can certainly try them, but they may or may not make a difference," said Zimski. 1396
How does something like an x-ray become the bill that comes in the mail?It's the product of medical billing, a decades-old process that technology has recently transformed.It starts when someone gets hurt or sick and goes to the clinic or hospital. They fill out paperwork and see the doctor. Once the visit is over, administrators ship off insurance and visit details for processing.Behind the scenes, medical coders assign each service a code. Those can include diagnoses, procedures, and treatments. These codes help determine how much the insurance company will cover.They create a detailed, itemized list of services, medical codes, and co-payments and send it to medical billers.The billers use the list to create what’s called a claim for insurance companies to consider.Insurance companies can do one of three things.· Accept the claim.· Deny it and ask for corrections.· Or, reject it entirely.There are a lot of variables that go into how much insurance pays. Whatever the company doesn’t cover ends up in a bill in the mail.The process is digital now and much faster than doing everything by hand. It also reduces the risk of human error, which could save Americans money. 1195
Former New York Mayor Michael Bloomberg filed an official statement of candidacy on Thursday with the Federal Election Commission.But this doesn't necessarily mean he will run for president.Bloomberg's team filed paperwork Thursday that says he would seek the Democratic presidential nomination, but it was done out of necessity. The former mayor took this step because he filed paperwork to appear on the Democratic primary ballot in Alabama and Arkansas earlier this month. He was required to file paperwork with the FEC within 15 days of taking that step.His aides have said this is not an official decision or announcement of his candidacy. This story will be updated. 684