source: NORML
DEA Airport Cash Seizure
When flying domestically or internationally at a US airport, travelers are technically able to travel with any amount of cash.
However, there is a fair amount of risk in doing so. You may face a DEA airport cash seizure.
Even if you are an innocent traveler, you may still be subject to searches and potential asset seizure by law enforcement at the airport.
If you are traveling with over $10,000 internationally, you must declare your money using the FinCen105 form. Click here for more information.
The Drug Enforcement Administration (DEA) is a federal enforcement agency that can search and potentially take travelers’ money under reasonable suspicion.
According to the DOJ OIG, the DEA earned more than $4 billion from cash seizures between fiscal years 2007 and 2016.
US Customs and Border Protection can also seize cash at the airport. Click here for more information.
Here’s some FAQs we receive about how the DEA seizes cash at the airport:
How Does My Luggage Get Flagged for Further Questioning When I Have Cash?
The Transportation Security Administration (TSA) can see cash through the X-rays in your carry-on while you walk through security.
Their drug-sniffing dogs can also notify TSA agents of cash in your checked luggage.
Virtually all US currency has touched enough drugs to set off a canine, which typically leads alert dogs to bring Customs agents over to luggage with cash.
Although TSA does not hold the authority to seize your money, they can notify other law enforcement officers of the large sums of cash in your bag.
This can be local or state police, a Customs agent, or a DEA agent.
Why Does the DEA Seize Cash at the Airport?
The DEA is mainly looking to fight drug-related crimes and traffic rings.
In airports, they work under the assumption that large sums of cash are associated with drug crimes.
They backed up their suspicions with criteria such as narcotics sniffing-dog alerts or suspicious behavior they are trained to flag, such as being overly anxious.
Even if they cannot prove the crime, 18 USC § 983 allows the DEA to seize your cash at the airport with sufficient evidence that you may have violated federal law.
Although the money you are traveling with may be a gift or personal money that is unrelated to drugs, the DEA can seize your cash under reasonable suspicion of illegal activity.
Doesn’t the DEA Need a Search Warrant for My Luggage?
Yes— if you are traveling domestically within the United States!
If you are traveling on an international flight, there is no warrant requirement because it is the same as crossing the border.
It is fairly quick and easy for CBP and DEA agents to obtain a search warrant in airports for domestic flights.
A narcotics sniff alert or drug allegation is considered enough probable cause to speedily obtain a search warrant.
How Can I Get My Seized Airport Cash Back from the DEA?
Once you are finished with the DEA agents, you will be handed a custody receipt.
We suggest keeping this receipt as it serves as a record that holds important information about your case, such as the reason why it was seized.
Under 18 USC § 983, law requires that a Notice of Seizure (NOS) letter is sent through certified mail within 60 days if one is not generated for you in person when your money is taken.
The Notice of Seizure and Information to Claimants letter outlines the options you can choose to get your money back and prevent it from being forfeited to the Federal Government.
We recommend speaking to an experienced airport asset forfeiture attorney before submitting any paperwork to the DEA.
You have a limited number of days to respond and indicate if you would like to attempt to get your money back or forfeit it to the Federal Government.
You can call us here at San Diego Defenders – Forfeiture Law Firm at (619) 258-8888 for a free, confidential consultation!
Attorney Daniel Smith will walk you through the process and explain how we can help you choose the best course of action for your case. He has 35 years of experience in federal defense.
Although our office is located in San Diego, California, we can help with any case, in any airport, in any of the 50 states nationwide!
This includes cases from, but is not limited to:
- Los Angeles International Airport (LAX)
- Dallas-Fort Worth International Airport
- Hartsfield-Jackson Atlanta International Airport
- Chicago O’Hare International Airport
- John F. Kennedy (JFK) International Airport
- Harry Reid International Airport
- San Francisco International Airport
- Seattle-Tacoma International Airport
- San Diego International Airport
- Ronald Reagan Washington National Airport
Call us today! Se habla Español.
