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ACLU Sues DHS Over Unlawful Searches and Detention
gavron writes "The ACLU has filed suit against DHS to stop the TSA from conducting illegal searches and detention. In the case at hand, TSA detained a Ron Paul staffer who was carrying $4,300 in cash in a metal box. The suit seeks to focus TSA searches on things having to do with increasing security on aircraft, instead of their current practice of 4th-amendment-violating searches, such as those of laptops, iPods, etc."
Oh, it had to happen to someone important and/or with money.
Actually, it took someone with evidence; FTFA: "Bierfeldt recorded the audio of the entire incident with his iPhone."
Oh, it had to happen to someone important and/or with money.
More like it happened to someone who knew they didn't have to answer a single question from some inexperienced TSA "officials." When he told them he didn't have to tell them why he had the money the Agent allegedly replied, "Well I'll tell you what. . . . You might not be legally required to tell me that but you will be legally required to tell the police officer who will come talk to you. I'm just trying to ask some questions to figure out what all this is about so I can get you on your plane. But you want to play smart ass, and I'm not going to play your f---ing game." Here's the transcript from his following detention (note that this is the ACLU's hosted complaint):
Agent: Is there a reason you're not answering any questions
Bierfeldt: I'm not refusing to answer any
Agent: I want you to see it from my -- from what we're seeing, you come in with some money but you don't want to answer any questions about how much it is that's in your possession.
Bierfeldt: I don't know.
Agent: Is it a secret why you have the money or something?
Bierfeldt: I don't know the exact amount â" you're asking where my employment is, I'm simply asking whether I'm legally required to answer
Agent: Well may I ask, the question is, why do you have this money? That's the question, that's the major question.
Bierfeldt: Yes sir, and I'm asking whether I'm legally required to answer that question.
Agent: Answer that question first, why do you have this money?
Bierfeldt: Am I legally required to answer that question?
Agent: So you refuse to answer that question?
Bierfeldt: No sir, I'm not refusing.
Agent: Well you're not answering.
Bierfeldt: I'm simply asking my rights under the law.
Agent: I'm asking you a question and in return you're asking me a question. You're not answering it.
And then later:
Agent: Why do you have all this money? .
Bierfeldt: That's my, I asked you sir, am I required by law to answer the question.
Agent: I'm just asking you why you have $4700?
Bierfeldt: That's my question, I don't understand the law.
Agent: You want to talk to DEA about it? They'll probably ask you more questions.
Bierfeldt: If they can tell me if I'm required to answer by law the question, I'll answer the question. I'm just looking for a simple yes or no.
Agent: It's just a simple question. I just want to know why you have $4700 on you, that's not a usual thing. . .
Second Agent: He's refusing to answer any questions, he don't want to answer so, we [sic] gonna have to take him down to the station.
Agent: I mean yeah, that's suspicious.
Second Agent: DEA, FBI, and all those
Agent: Every one of them.
Second Agent: So we can do that.
Sounds pretty much how I'd react if you caught me in a really bad mood.
True: this all could have been avoided if the staffer had told them who he was working for and where the money came from. False: the staffer was required by law to divulge this information. I'm sure these guys are used to civilians rolling over for them everyday but if you ask me they're too used to being able to take your shit to another room and hold you there because they are bored.
My work here is dung.
If he was carrying over $10,000 they could have reminded him of his legal obligation to file a CMIR. (...) from or to a place outside the United States
It was a domestic flight.
You can't take the sky from me...
Having spent time with the TSA, I can tell you first-hand that most TSA people are completely uninformed about their jobs, the law or just about anything they are doing. A TSA screener with half a brain wouldn't have done anything more than call in local law enforcement to perform any interrogations. There are standing instructions to inform law enforcement of anything including large quantities of cash. As to the performance of interrogations? Last time I was there, such things were never instructed. TSA screeners are not law enforcement.
The whole idea of "Department of Homeland Security" is born of a paranoid consolidation of power. It has done more to harm the efficiency of law enforcement and emergency services than it has done to help. The DHS should be dismantled and the pre 9-11 condition restored.
I am okay with government security screening, but only as far as their primary mission. If they do see anything else questionable, the ONLY proper action should be to inform actual law enforcement. "To observe and report."
On a related note, see
United States of America v. $124,700, in U.S. Currency, United States Court of Appeals for the Eight Circuit, No. 05-3295, August 18, 2006.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
This kind of attitude is why our rights are slowly crumbling away. The Ron Paul staffer was not legally obligated to answer these questions. The notion that simply caving in and answering the questions anyway would have sped his passage through airport security has no bearing on any of this. He was clearly in the right and the TSA drones were in the wrong. He did nothing illegal and therefore should not have been held, searched, or subjected to questioning.
By giving in to the seemingly small intrusions on our civil liberties that happen on a daily basis, we are willingly giving up our rights. Unless we stand up for ourselves, even at the cost of possible inconvenience, the rights that we enjoy will eventually disappear.