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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

Icelandic budget carrier Wow Air has ceased operations and canceled its flights, leaving passengers stranded around the world.The airline announced the closure in a statement posted to its website on Thursday. It advised passengers to book new flights on other airlines, and said some may be eligible for compensation.Saurabh Aggarwal, who was due to fly from Toronto to Reykjavik on Wow Air, described a chaotic scene at Toronto airport.Aggarwal said customers were given conflicting information about the flight's status before it was canceled at 10:55 p.m. She said passengers were not provided with accommodation and no refunds were issued."This really scared everyone, at that point we were finally given back our bags and no money as of now has been issued back to me," Aggarwal told CNN.It wasn't until the following morning that she received an email from Wow Air informing passengers that the airline had ceased operations and all flights were canceled.Other affected passengers also criticized Wow Air on social media over the lack of communication."Just found out about this news," 1105

Former FBI Director James Comey violated agency policies when he retained and leaked a set of memos he took documenting meetings with President Donald Trump early in 2017, the Justice Department's inspector general said in a 237

HONOLULU — A mother arrested in Hawaii over the disappearance of her two Idaho children wants a judge to reconsider her million bail. A court hearing is scheduled Wednesday on Kauai, where Lori Vallow was arrested on an Idaho warrant. Seven-year-old Joshua "JJ" Vallow and 17-year-old Tylee Ryan were reported missing in November, but have not been seen since September. Vallow has been charged with felony counts of desertion and nonsupport of dependent children in connection with the children's disappearance.MORE: 533

Forecasters may not be expecting a severe hurricane season this year, but a few major storms could still threaten the Atlantic coast.The Atlantic hurricane season officially kicks off Saturday -- even after Subtropical Storm Andrea briefly spun up near Bermuda last week -- and will run through November 30.The nation's top hurricane forecasters have predicted a near-normal season with "a lot" of storms. Nine to 15 named storms, including four to eight hurricanes, could form in the Atlantic.The National Oceanic and Atmospheric Administration, or NOAA, said the season won't likely be as violent as last year's above-average season when hurricanes Florence and Michael slammed the United States, killing nearly 100 people and causing billions of dollars in damage.But they are warning that two to four hurricanes could still grow to Category 3 or stronger. Those storms carry winds of 111 to 129 mph."That's still a lot of activity," said Gerry Bell, NOAA's lead hurricane forecaster. "We are expecting a near-normal season but regardless, that's a lot of activity and you still need to prepare for the hurricane season now."Would a hurricane hit the US?While the forecast does not specifically predict where those storms might strike, weather officials are urging all US coastal residents to prepare for a tropical storm or hurricane, because the past two years have been devastating.In 2017, Hurricanes Harvey, Irma and Maria put a dramatic end to a 12-year period with no major hurricane landfalls in the United States and ranked among the costliest hurricanes in history.Millions of people in Texas, Louisiana, southwest Florida, North Carolina and Puerto Rico are still reeling from the trio of hurricanes.A fourth storm, Hurricane Nate, also made US landfall, but never reached major hurricane level.Last year, Florence arrived during the season's peak to pummel the Carolinas. Then, Hurricane Michael slammed the Florida Panhandle with frightening fury and later socked Virginia, the Carolinas and Georgia.El Ni?o could lead to fewer stormsEl Ni?o, the periodic weather event characterized by warming ocean temperatures, tends to weaken hurricanes but that could change if the weather is warmer.Neil Jacobs, the acting NOAA administrator, said warmer-than-average sea-surface temperatures in the tropical Atlantic Ocean and Caribbean Sea, as well as enhanced storm activity moving off West Africa, would favor increased activity.El Ni?o could also weaken quicker than anticipated, creating conditions that would be more favorable for storm development by peak season in September.The opposite is also true: If El Ni?o strengthens more than anticipated, it could keep tropical storm activity on the lower end of NOAA's range.Weather officials say El Ni?o has a 55% to 60% chance of continuing through the fall.Hurricane ready? Supplies are tax-free in FloridaFloridians are getting a little help from authorities to build their own hurricane emergency kit.Residents can buy emergency supplies free of sales taxes from May 31 until June 6. The discount includes ice packs, batteries, flashlights, coolers and items worth up to 0, such as portable generators."While living in and visiting Florida offers many benefits and advantages, it is important to keep the potential for severe weather hazards and threats in mind," said Jim Zingale, executive director of the Florida Department of Revenue.The holiday tax was passed by Florida lawmakers and signed into law by Gov. Ron DeSantis in May.A storm formed early -- againFor the past five years, a winter hurricane and a series of tropical storms have formed before the official start of the Atlantic hurricane season. Subtropical Storm Andrea continued that trend in May.The short-lived storm made this the fifth consecutive year that a named storm has formed before the season's official start.Hurricane Alex, an unusual winter hurricane, formed in January 2016 in the northeastern Atlantic Ocean.Meantime, April saw the advent of Tropical Storm Arlene in 2017, while May ushered in Tropical Storm Ana in 2015 and Tropical Storm Alberto in 2018.The recent rise in off-season storms has raised questions about the impact of climate change and whether the time frame should begin sooner.But weather officials have said they would need more evidence of a considerable change before making a final decision.In the past 12 years, there have been at least six named storms right before hurricane season officially started -- during the second half of May -- but in the 31 years before that, there was "a lack of any such activity" in the same time frame, said Dennis Feltgen, a meteorologist and spokesman with the National Hurricane Center. 4708

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