This issue has caused me to think a lot about what I would do if I were stopped at the airport and asked how much money I was carrying.
Brother River has a very good point that we leave many of our rights at the front entrance to the airport but those rights regard flight safety. None of us want to be on an airplane with an armed passenger who is slightly deranged. But do we leave our human and constitutional rights at the door?
While it may be good to stop drug smuggling and other related crimes, that is NOT why we pay an extra tax for TSA and why we passively stand in long lines at the airport while the blue gloved attendants plow through our dirty shorts and sox.
SIDE NOTE: That must be a disgusting occupation or one that appeals to a special type of fetish.
If an arrest is made incidental to the TSA search for the items TSA is supposed to search for such as weapons, then I think the search would be legal and permissible. But as attorney Ben Wizner said in the WSJ article posted by Jazzbo, that which TSA is doing is mission creep and in fact maybe more like mission leap.
In the matter involving the passports, the WSJ article states: “The [TSA] agent found envelopes with cash, which she considered suspicious.â€
I am not sure if a convincing argument could be made on that point (suspicion) in any court of law as to why an envelope containing cash would be cause for suspicion that a crime had been committed. There would have to be a lot more additional evidence pointing to a possibility of criminal activity to make it a valid and legal search.
According to the article, “Three other envelopes had something more rigid than dollar bills. She [
the TSA agent] testified she didn’t believe there were weapons inside, but opened them looking for ‘contraband’ and found three fake passports.†If the envelopes were more rigid than dollar bills
AND they did not contain money
AND they did not contain a weapon, then the search should have stopped. She had no probable cause to continue. Those are fundamentals taught in Search and Seizure 101 in any police academy. But TSA like most other security guards are all wannabe cops.
Finally, the Fifth Amendment of the Constitution provides, among other things, that you cannot be coerced into giving testimony against yourself in a court of law. If you are asked by agents at plane side if you are carrying more than $10,000 cash, is that accusatory questioning? If it is, then the officials would be required to read you your rights. If you answered that you wanted a lawyer, they could pull you out of the line and really cause you some consternation. But what if the 120 or so passengers all requested a lawyer?
Now I am just rambling. Hopefully I made some sense.