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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
Governor Bill Haslam has granted executive clemency to Cyntoia Brown by commuting her life sentence. The governor's office announced the decision Monday morning. She will be released to parole supervision on August 7, 2019, after serving 15 years in prison.Watch live: Brown's attorneys speak after Governor Haslam grants clemency“This decision comes after careful consideration of what is a tragic and complex case,” Haslam said. “Cyntoia Brown committed, by her own admission, a horrific crime at the age of 16. Yet, imposing a life sentence on a juvenile that would require her to serve at least 51 years before even being eligible for parole consideration is too harsh, especially in light of the extraordinary steps Ms. Brown has taken to rebuild her life. Transformation should be accompanied by hope. So, I am commuting Ms. Brown’s sentence, subject to certain conditions.”As part of her parole, she cannot violate any state or federal laws and will be subject to a release plan approved by the Tennessee Department of Correction and special supervision conditions, including employment, education, counseling, and community engagement requirements. Brown's parole supervision will continue until August 7, 2029, at which point her sentence will expire. In 2006, she was convicted of first-degree murder, felony murder and aggravated robbery in the killing of Antioch realtor Johnny Allen. She was sentenced to life in prison. At the time of the crime, she was 16-years-old.Advocates have said that Brown, now 30, was a victim of sex trafficking and shot the 43-year-old in self-defense. Back in December, Haslam granted clemency to 11 people but Brown was not one of them. This is a developing story. Check back for updates. 1754

If there was ever a time to vote hell no, this was it. pic.twitter.com/pzRPJSEZvq— John Ratcliffe (@RepRatcliffe) December 19, 2019 143
For the first time in history, the US Food and Drug Administration has approved a drug specifically indicated for the treatment of postpartum depression, which experts say offers new hope to women and physicians.On Tuesday, the FDA announced the approval of an intravenous infusion of the drug brexanolone, which will be sold as 341
For the second time this week, markets were briefly halted trading as the market fell 7 percent, triggering a "circuit-breaker."The New York Stock Exchange halted trading less than 10 minutes after the market opened, when the Dow Jones Industrial Average plummeted 7 percent. By the end of the day, the Dow set an all-time point drop, losing more than 2,300 points. The drop marked a nearly 10 percent fall for the Dow from yesterday's totals. Six of the largest eight one-day point drops have taken place in the last three weeks. Thursday's drop ranked fourth in the largest decine based on percentage, only trailing the market crashes of 1929 and 1987. In one month, the Dow has lost 28% of its value. Stock exchange rules require that trading be halted for 15 minutes in the event of a 7 percent loss. Trading will be halted again for 15 minutes in the event of a 13 percent loss, and trading will end for the in the event of a 20 percent loss. 959
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