By Edward Hasbrouck

The Drug Enforcement Agency (DEA) and the Transportation Security Administration (TSA) have been working together for years to steal travelers’ money.

The DEA pays informers to finger people who might be flying with large amounts of cash, and gets the TSA to identify these people when they go through TSA checkpoints at airports, claims that they “consent” to be searched, and then finds any money they are carrying and seizes it through “civil forfeiture”.

The DEA carries out similar cash-seizure operations on Amtrak trains — mostly domestic trains that don’t cross the US border — in collaboration with US Customs and Border Protection (CBP).

A new video released by the Institute for Justice shows how this “consent” works in practice.

In the video, a DEA agent won’t take “I don’t consent to a search” for an answer. The agent follows an airline passenger onto their plane (without objection by airline staff), snatches the passenger’s carry-on bag, carries it off the plane, and refuses to return it. The agent claims the right to keep the passenger’s bag as long as it takes to get a warrant (although they don’t have that right, and don’t actually get a warrant).

This is not meaningful “consent”, and it’s not a valid legal basis for a search.

An ongoing class-action lawsuit by the Institute for Justice on behalf  of air travelers who have been searched without probable cause on the pretextual claim of “consent” in order to find, seize, and “forfeit” their cash has shown just how common this pattern of illegal search and seizure is.

We reported on the filing  of this lawsuit in 2020, and on the first substantive ruling in the case, in favor of the plaintiffs and allowing the case to move forward, in 2021.

Since then, the case has bogged down in foot-dragging by the DEA and TSA, resisting discovery of their records of  searches and seizures of cash from travelers at airports.

The DEA and TSA continue to claim — despite the initial ruling against them on this point —  that they don’t have an actionable “policy” of targeting travelers with cash for searches because they haven’t put this policy in writing. But the latest status report on discovery to date indicates that the DEA and TSA have made thousands of seizures of “bulk currency” from air travelers in recent years. This is clearly a routine and officially sanctioned agency practice, whether or not anyone has put it in writing.

The DEA and TSA claim that the volume of records of these searches and seizures would make producing them unduly burdensome. But the volume of these records is symptomatic of the scale and systemic nature of the problem — which is what the plaintiffs are trying to prove. The plaintiffs have suggested examining a statistical sample of the records of airport searches and seizures, but the DEA and TSA are resisting even that.

We wish the plaintiffs in this case and their lawyers success in their pursuit of justice for travelers.

Source: Papers Please

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