This is what it says in the Fourth Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. " But we have a war against drugs going on, and this is sometimes the reality:
Anastasio Prieto of El Paso gave a state police officer at the weigh station permission to search the truck to see if it contained "needles or cash in excess of $10,000," according to the American Civil Liberties Union, which filed the federal lawsuit Thursday.
Prieto told the officer he didn't have any needles but did have $23,700.
Officers took the money and turned it over to the DEA. DEA agents photographed and fingerprinted Prieto over his objections, then released him without charging him with anything.
Border Patrol agents searched his truck with drug-sniffing dogs, but found no evidence of illegal substances, the ACLU said.
[. . .]
DEA agents told Prieto he would receive a notice of federal proceedings to permanently forfeit the money within 30 days and that to get it back, he'd have to prove it was his and did not come from illegal drug sales.
Hey, what's his complaint? At least he gets the chance to prove he did nothing wrong. Sorry about that burden-of-proof thing. There's always collateral damage in a war.
