Contraband Surprise

October 4, 2012

  • 114 Customs Duties
  • 114III Collection Districts and Officers
  • 114k54 k. Customs Officers in General.

Cartoons Return October 17Agreement between United States Customs and Border Protection and buyer of forfeited vehicle at Customs auction did not include implied-in-fact warranty that the vehicle would be free of contraband, and thus Customs was not liable for breach of warranty when buyer was arrested in Mexico following discovery of marijuana hidden in the vehicle; although sale of the vehicle was a commercial transaction, removal of contraband involved performance of a regulatory function, and Customs had disclaimed any warranty regarding the vehicle in auction catalog.
Agredano v. United States, 595 F.3d 1278 (Fed. Cir. 2010)
Suggested by Joseph Windsor, Senior Attorney Editor, Thomson Reuters