What Happens When U.S. Customs Seize A Vehicle Transporting An Illegal: Here Is All You Need To Know!

 

u.s. customs seize a vehicle

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Do you know what to do if CBP seizes your vehicle transporting an alien? You could be fined, arrested, or detained as anyone else in the car. You are required by law to follow CBP instructions when entering the United States, and a failure to stop for inspection violates this law.

U.S. Customs and Border Protection is synonymous with border protection. They ensure commodities, merchandise, and currency from entering the commerce of the United States that is not included in its marketing. Also, they make sure that things crossing the border are not dangerous to its people or security.

What Is U.S. Customs And Border Protection?

The U.S. Customs and Border Protection (CBP), formerly the United States Customs Service, has been a part of the Department of Homeland Security since 2003. Its primary focus is to protect the United States from terrorism, safety, and border security through vigilance by preventing the illegal entry of goods into the country and enforcing laws regarding trade and travel.

When we think about what CBP does, we might imagine them checking travel documents at an airport or inspecting cargo at an international port. In reality, they also patrol borders by land and air. They also monitor trade compliance and enforce laws that impose duties on imported goods and collect tax revenue for the government.

Regardless of where you are or what you’re doing, you’ll likely come in contact with this agency at some point during your life. 

If you want to get into the country for the first time, you’ll have to go through one of their many ports of entry; if you’re already here but decide to travel abroad, you’ll probably have to go through customs when you return; if you want to import or export goods from one place to another, the chances are good that they’ll come into play there too.

The CBP’s work includes:

  1. Stopping criminals from entering the country illegally.
  2. Protecting both American citizens and foreign visitors.
  3. Enforcing trade laws and regulations.

The CBP has several divisions, including the Office of Field Operations, Office of Air and Marine, Office of Intelligence and Analysis, Office of International Affairs, Office of Trade, Field Operations Support, National Targeting Center, and Internal Affairs Division.

Top 5 Reasons why CBP May Seize Your Vehicle

The U.S. Customs and Border Protection (CBP) is responsible for inspecting all people and goods entering the United States. CBP officers at ports of entry are authorized to seize vehicles that contain items prohibited from entering the country or that have been smuggled into the U.S.

Here are six reasons why CBP may seize your vehicle:

  • Hiding People Or Contraband In A Vehicle

The most common reason for CBP to seize a vehicle is when it contains someone illegally in the United States or if it has been used to smuggle illegal substances such as drugs or weapons across the border. 

  • Failure To Declare Goods

This happens when an individual fails to declare goods they purchased while traveling abroad and attempts to bring them into the United States without saying them at customs first (such as alcohol and tobacco products). 

Failure to declare goods can result in fines and even arrest, depending on how much merchandise was transported without communicating with CBP officials.

  • Reasonable Suspicion

This standard is based on individualized and articulable facts that indicate a particular person is involved in criminal activity. Reasonable suspicion must be more than an inkling or hunch — it must be supported by specific facts that would lead an appropriate officer to believe a crime is being committed or has been committed. In addition, reasonable suspicion cannot be based solely on race, ethnicity, or religion.

  • Altering VIN Number

The VIN is a unique identifier for your vehicle used to track it through the manufacturing process. If you have altered your VIN, CBP may seize your vehicle and deny you entry into the United States.

This would be a reason CBP can seize your vehicle because they will look at the VIN, and if it is altered, they will seize your car. The only way to avoid this is by not changing any numbers or markings on the VIN plate.

  • Secret Compartments In Your Vehicle

Secret compartments in vehicles are often used to hide contraband such as drugs or weapons. CBP has a rule against tampering with the VIN of a vehicle and will seize your car if they find evidence of illegal activity.

If you have secret compartments in your vehicle, then this could be a reason for CBP to seize your vehicle because you may have something in there that is illegal or prohibited from entering the United States.

  • Smuggling Contraband Into The U.S.

You can’t bring any items across the border that could be considered contraband (such as drugs) or that could be used as a weapon (like guns). CBP also prohibits bringing any items that could be used for smuggling things into America (such as backpacks or suitcases). CBP agents will seize these items, and you may face fines or even jail time if found guilty of smuggling goods into the U.S. illegally.

Vehicle Seized By Customs after Transporting an Illegal Alien – What To Do?

If customs have seized your vehicle, do not panic. There are many reasons customs can seize a vehicle. Your attorney will examine the facts of your case and determine if you have any defenses or possible grounds for relief.

  1. If customs have seized your vehicle after transporting an illegal alien, several options are available to you. 
  2. First, consult with an experienced customs attorney who can help you determine if you have any defenses or grounds for relief. 
  3. Important documents needed: Certificate of Title, Bill of Sale or Loan Agreement, Copy of the Notice of Seizure (sent by certified mail to your address).
  4. The attorney can help you file the appropriate paperwork and represent you at all stages of the proceedings. Generally, it takes 3 months to get your vehicle back when filing a petition with Customs. 
  5. In addition, the attorney may be able to negotiate with the government on your behalf and possibly reduce or eliminate penalties and reduce storage fees assessed against you. 

How Long Can Customs Seize My Vehicle?

The length of time that customs can hold your vehicle is dependent on the reason for the seizure.   If you’re wondering what to do if customs seize your car, here are some tips:

  1. Contact the nearest U.S. Customs and Border Protection office in person or by phone.
  2. Ask to speak with someone in the “FP&F” department, you will be asked for your case number. 

Bottom Line

It is essential to consult an expert on this type of case. This way, you can ensure that everything will be done according to law and regulations. If not, it could cost you more money and time if it is not handled correctly. The company has a set procedure for handling these cases, so everything is followed accordingly.

Vehicle seizure cases can be complicated. Abady Law Firm has experience in this type of case and can help you understand how to present your case.

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