Edinburg, TX asked in Immigration Law, Civil Rights, Constitutional Law and Federal Crimes for Texas

Q: Is this a legal seizure/forfeiture in regards to alien smuggling?

Border Patrol officers catch 3 undocumented immigrants in near the border. The officers used one of the immigrants' phones and called the smuggler who sent them across the border. Agents posed as one of the immigrants and asked what to do next.

The smuggler gave them the description of the vehicle and driver who would pick them up. Officers waited and the vehicle/driver matching description showed up.

Officers stop the vehicle and the driver had 3 hot meals and no sensible explanation for being there, or for the 3 meals in the car.

The officers then seized the vehicle citing its use to smuggle aliens.

Was this legal and/or can the driver get their vehicle back??

1 Lawyer Answer

A: The forfeiture can be challenged in court. You need a criminal attorney.

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