Saturday, February 01, 2020

On a bad tip, Federal agents raid mother's home, confiscate cash. Read what happens next...

Cert petition: In 2015, DEA agents got a bad tip and raided Miladis Salgado's Miami home, seizing $15k in cash and forcing her to cancel her daughter's quinceaƱera. Though the DEA admitted there was zero evidence linking the money or Ms. Salgado to any crime, it fought her efforts to get the money back for two years before finally relenting. But Ms. Salgado hasn't been made whole. Last year, the Eleventh Circuit ruled that because the gov't dropped the forfeiture action right before the court could rule on the merits, Ms. Salgado did not "substantially prevail" and thus she was not entitled to attorney's fees—meaning a third of the cash will go to her attorney. Now, Ms. Salgado and IJ are asking the Supreme Court to step in and apply the statute's plain text mandating an award of fees instead of the judicially created "get out of jail free" card for civil forfeiture abuse. The South Florida Sun Sentinel has more.

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