Man Sues Over Car With Hidden Pot Stash

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PASADENA, Calif. - A car purchased at a U.S. marshal's auction four years ago had a hidden surprise for its new owner: 119 pounds of marijuana hidden in the bumpers.

The buyer, Jose Aguado Cervantes, didn't know about the hidden stash until he was stopped at the U.S.-Mexican border three months later. Cervantes, 67, spent three months in jail as a result.

Cervantes is seeking damages for the government's error, alleging negligence, false imprisonment and false arrest. While an appeals court in Pasadena said Monday that he cannot recover damages for false arrest and imprisonment, his negligence claim against the federal government "is an entirely different matter."

The U.S. 9th Circuit Court of Appeals said the government's argument against Cervantes' negligence claim is "patently without merit" and "so off-the-mark as to be embarrassing."

"Cervantes remained similarly unaware of the contraband until its discovery by U.S. customs agents as he tried to cross the U.S. border on Oct. 22, 1999," the appeals court said. "Although Cervantes denied knowledge of the marijuana and informed agents that he had purchased the vehicle at a U.S. marshal's auction, he was arrested and incarcerated."

Government officials eventually dropped the charges, but not before Cervantes spent time in jail awaiting trial.
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"so off-the-mark as to be embarrassing."
I would say this is the understatement of the year. They outta find the bozo LEO who prepped these cars and charge him with felony intent to distribute.
 
Maybe the grass was there when he bought the car, maybe it wasn't. Does anyone know?

If it was in the bumpers when the car was sold by Marshals, then yes, they did a not-so-great job of checking it. Or maybe it was well-hidden and the guys at the border were just good at looking for it.

If it was in the bumpers when he bought the car, then much as it pains me to say it, I agree with the 9th Circuit Court of Appeals. Sometimes, their rulings are just bizarre, which is why I'd question the so-called facts of the case.

Regards.
 
The was a woman in MO who bought a VW from a DEA auction, found it wasn't running right, then took it to the shop, where the mechanic found $80K in the gas tank (which fixed the problem, too), called the Feds, who promptly took the money. Woman sued and got, eventually, a partial settlement. More government negligence that screwed over the innocent citizen.
 
I'd bet there are more than a few vehicles floating around with stashes in them of one sort or another. Most folks are never in a possession to find out, thankfully.
 
Ummm...four-year-old pot that was NOT professionally prepared should be quite simple to ID over fairly fresh?

Not that I'd know, I've never smoked the crap, but four years in a BUMPER should take an obvious toll, no? :scrutiny:
 
I'm thinking the same thing as Mike Irwin. How would you fit that much in a bumper? (I've never touched the stuff, but I've seen a 8-pound bag on "Worlds Wildest Police Videos" and I know you could not fit 119 lbs. in a bumper.)
 
No, it's perfectly possible.

1) The pot is often vacuum-sealed both for moisture and to reduce the "dog-sniff-signature".

2) That makes it fairly dense.

3) A lot of modern bumpers involve an outer sheath of rubber over an internal very plain metal beam, which is rough and unfinished-looking if you peel the rubber away. The cubic volume of the area around that steel core and under the rubber sheath is very high, in some cases equivelent to the amount of water most people use in a bath. Or more, in the case of an SUV.

I can see cramming 119 pounds of funnyweed under the "sheath". Which is designed to be a peel-away replacement if you know what you're doing.
 
Jim,

That would have to be the biggest "sheath" on the face of the earth.

119 pounds of marijuana is one HELL of a large amount. I've been in close proximity to more than my fair share of pot over the years, and even 40 pounds is a large amount.

Even compressed and bricked I simply don't see 119 pounds fitting in the bumpers of any car made.
 
Some cars have even used foam inside the bumper. I don't know if there was a metal beam or not.

Consider that whoever did this probably didn't bother to put the reinforcement back and just put the plastic bumper cover back filled with Pot.
 
The story was on the news and apparently the vehicle was seized for immigrant smuggling in the first place. I guess they didn't see any point in investigating further.
 
What if it is true and he did buy the car with the weed in it, and he discovered it a couple of days later while doing repairs.
What exactly is he supposed to do with it?
Now all the smokers out there, I know what your answer is, but really could you imagine going to the police station and saying,
" Um, excuse me officer, but I found 119 pounds of pot in my car, what should I do? "
Cop......:what: :what: "Turn around put your hands on your head. You have the right to remain......"
 
What if it is true and he did buy the car with the weed in it, and he discovered it a couple of days later while doing repairs.
What exactly is he supposed to do with it?
Now all the smokers out there, I know what your answer is, but really could you imagine going to the police station and saying,
" Um, excuse me officer, but I found 119 pounds of pot in my car, what should I do? "
Cop...... "Turn around put your hands on your head. You have the right to remain......"
Click to expand...
I'm assuming the bill of sale will have a name and phone number to use for remarks and complaints. A situation like this I would certainly file a complaint about, probably through a lawyer. I want to avoid "misunderstandings" of the SWAT kind.

I might also have that lawyer look into the feasibility of filing charges against the marshalls running the auction and impound.

On a slightly less serious note, you could go looking for a 50 gallon drum and a lot of gasoline. Mix and shake well :) . If you were in a really twisted mood you could look into lighting the end product behind town hall some dark night.

Cheers,
ErikM :evil:
 
I'm with Fed 168. Been present for a few large seizures. When you've got that much in one place, you don't usually need a dog to sniff it out.

Jeff
 
Almost remainds you of the Cheech & Chong movie where they cross the border and the're worried because they might have part of a joint in the ashtray. Then they get to Cheech's uncle's shop and discover that the entire VW van is made of compressed weed!

As to this deal, if they sold the car at a LE auction, they must have implied that the sale and everything about it was legal. If they can sell a car with an illegal substance in it, they could sell one that was stolen just as easily.
Of course, if they knew it was there, they would have marked up the price a bit, huh?
 
Remember this one from TFL? The girl's car was hit on by a dog at school and she was suspended under "zero-tolerance".

http://thefiringline.com/forums/showthread.php?threadid=24486

In this case, Golden had done nothing of record that should have invoked scrutiny in the first place. The school district's security department uses dogs trained to sniff out drugs, alcohol and gun powder, and on a routine search of the high school parking lot the dogs apparently turned up the scent of alcohol around Golden's car. The scent was the result of an alcohol-related crash involving the car's previous owners, Golden believes.

Golden was pulled from class and asked if her car could be searched. She readily consented. It turns out she'd forgotten about the 21/2-inch pocket knife in a first-aid kit she and her mother had prepared and placed in the
glove compartment. Busted.
Click to expand...
 
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