source: US Customs and Border Protection
CBP 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 CBP 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 to CBP using the FinCen105 form. Click here for more information.
US Customs and Border Protection (CBP) is a federal enforcement agency that can search and potentially take travelers’ money under reasonable suspicion.
Per the Institute of Justice, “Between 2000 and 2016, CBP and other DHS agencies conducted at least 30,574 currency seizures at airports, taking over $2 billion in total.”
The Drug Enforcement Administration (DEA) can also seize cash at the airport. Click here for more information.
Here’s how CBP 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 DEA agent, or a Customs agent.
Why Does CBP Seize Cash at the Airport?
CBP’s mission is to counter terrorism, combat transnational crime, secure the border, facilitate lawful trade, protect revenue, and facilitate lawful travel.
During CBP airport cash seizures, agents are looking to target money moving within and out of the United States that may be unlawful.
In airports, they work under the assumption that large sums of cash are associated with crimes.
CBP and DEA agents back 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 the crime cannot be entirely proven, 19 CFR § 162.21 allows CBP to seize your cash at the airport with sufficient evidence and reasonable cause 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 criminal activity, CBP can seize your cash under reasonable suspicion of illegal activity.
Do I Need to Declare My Cash While Traveling?
If you are traveling internationally with over USD 10,000, yes!
You need to do so by completing the FinCen 105 Form.
The FinCen 105 Form is a document all travelers in the United States, whether citizens or non-citizens, must complete if they are traveling with more than USD 10,000 worth of cash or other monetary instruments combined.
While the form is detailed, it broadly asks for information about the money being transported and the person transporting it.
There are three options to fill out the FinCen 105:
- Fill out the online version here.
- Fill out and print this PDF version before your trip to present it to a CBP officer.
- Request a paper copy from a CBP officer at Customs and fill out the form there.
If you do not declare, CBP may seize your money and forfeit it to the government.
There are three reasons CBP can use alone or in combination to seize your cash.
These are: 1. Failure to Report; 2. Cash Structuring; and/or 3. Bulk Cash Smuggling.
Click here to visit our CBP Money Seizure page and learn more.
Doesn’t CBP Need a Search Warrant for my Luggage?
Yes, if you are traveling domestically within the United States.
It is fairly quick and easy for CBP and DEA agents to obtain a search warrant in airports.
A narcotics sniff alert or drug allegation is considered enough probable cause to speedily obtain a search warrant.
If it is an international flight, there is no warrant required because it is considered the same as crossing the border.
Per the federal government, international airports are considered border ports of entry.
31 USC § 5317(b) states, “a customs officer may stop and search, at the border and without a search warrant, any vehicle, vessel, aircraft, or other conveyance, any envelope or other container, and any person entering or departing from the United States.”
How Can I Get My Seized Airport Cash Back from CBP?
Once you are finished with the CBP 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.
This typically arrives 3-4 weeks after your money has been seized.
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 CBP.
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
