How My Lawsuit Against the TSA Made Airports Safe For the Constitution Again

On March 29, 2009, I was traveling through Lambert-St. Louis International Airport carrying approximately $4,700 in cash. I'm the Director of Development for Campaign for Liberty, a political organization that grew out of Congressman Ron Paul's presidential campaign and promotes constitutional principles of freedom. The cash was money the Campaign for Liberty had received at our Regional Conference in St. Louis -- the proceeds of ticket sales, t-shirts, stickers, books, etc. -- that I was transporting back to our office in Virginia. The price for bringing my organization's cash box through TSA screening? TSA agents detained me for half an hour of harassing questioning.

Of course, carrying cash on flights within the United States is not illegal. My case was one of many troubling incidents in which the TSA attempted to transform its limited search authority into a license to invade people's privacy by performing sweeping, unfounded searches that have nothing to do with keeping flights safe. The only difference between others who have been subjected to these types of illegal searches and myself is that I was equipped with a pocket edition of the U.S. Constitution and my iPhone. And I wasn't afraid to use either.

Although my knowledge of the law was limited, I did not believe that I should have to surrender my constitutional rights because I chose to travel by plane. I knew I was not doing anything illegal or suspicious. I also knew the government's interest in investigating me had nothing to do with flight safety. There was no suggestion I was carrying anything dangerous to anyone on board or the plane itself. The TSA agents focused their entire interrogation on the fact that I was carrying $4,700 cash. Based on that, they held me in an interrogation room to investigate me; I remained polite but insisted on at least being informed of my rights under the Constitution.

You don't have to believe my characterization of the interrogation. I recorded audio of the incident with my iPhone. Two things emerge clearly from the recording: first, the agents were not plausibly investigating evidence of a risk to flight safety; and second, they were not interested in informing me of my legal rights. When a combination of TSA agents and police officers crowded the room, the interactions became like something you'd see on a television police drama.

I was repeatedly asked where I worked, what I was doing with the money, where I got the money, and a host of other unnecessary questions. My response? "Am I legally required to answer?" I was told I would be taken to see the FBI and the Drug Enforcement Agency (DEA), asked if I needed to be handcuffed, and informed, "If you have nothing to hide, just answer the questions." Upon my final statement that I was looking for direction as I did not understand the law, I was informed, "We're gonna help you understand the law," and I was lead down the hall to be further investigated, I was told, by the FBI and/or DEA. Although I never did end up speaking with the FBI or DEA, it's worth listening to the audio of my interrogation to get a clear sense of the situation.

The law states that TSA agents should be able to search for weapons and explosives, things that could pose a threat to flight safety. But extending their searches to fishing expeditions for general law enforcement purposes - searches TSA agents are not trained to perform - only serves to distract from that task.

On June 18, 2009, the American Civil Liberties Union (ACLU) filed a lawsuit on my behalf in federal court, charging TSA with violating my constitutional right to be free from unreasonable searches and seizures. My focus was on principle rather than financial gain, and I did not seek money in the lawsuit. Rather, my case asked the court to order TSA screeners to conform their searches to the Constitution's requirements. Under the Constitution, TSA screeners do not have the unlimited ability to search and detain passengers. Search procedures designed for purposes other than screening for weapons and explosives exceed TSA's authority and violate passenger rights, and we hoped a court order could generate a policy from TSA that respected all travelers' liberties.

What a difference a lawsuit makes... Eight days before the government's response was due in our case, TSA issued a new policy directive making clear that its safety screening procedures would be strictly limited to passenger searches for the purpose of safeguarding flight safety. In combination with other directives issued in the wake of our lawsuit, TSA's policy now makes clear that passengers should not experience the kind of suspicionless detention and questioning I had been subjected to.

In light of this victory, yesterday the ACLU informed the court of our intention to voluntarily dismiss the suit. The Constitution draws a critical distinction, which these new directives reflect: when subjecting individuals to blanket, suspicionless searches, TSA agents must adhere to their limited mandate of protecting flights against weapons or explosives. The new policy is clear: passengers are no longer forced to check their constitutional rights at the airport counter, and that is a victory for all.

 

Comments

[Tom Payned]

For most of my adult life, the right, & so called conservatives, have slammed the ACLU (I am, and always have been a proud card carrying member of the ACLU).

I hope the so called "tea baggers" who claim to have stemmed from Dr. Paul's presidential campaign, (a claim I don't buy regarding the majority of people self identifying as tea baggers) now see what us true patriots, REAL "real Americans", us true lovers of the Constitution & Bill of rights have been saying for as long as I can remember, the ACLU is not a "Left" or "Right" organization. We are a civil rights stalwart organization concerned about the rights of everyone, not just those who agree with us on every issue.

[ThinkCreeps]

Common sense strikes against `Thousands Standing Around'

[Marnie1]

What idiot carries that amount of cash around?
Talk about asking for it.

If I had been sitting next to you in a waiting area, and you had happened to open that case enough to flash that much cash, I'd call the cops too. Normal, sensible people do not do what you did. That alone is enough to warrant investigation.

Do you want, for example, photos taken by murder of the bloody victim to be ignored because they have nothing to do with air safety?

[research]

If you have a retail business, you carry large amounts of cash around every day.

[Realist]

Are you for real? $4700 isn't even that much money in today's world. A week in NYC with the family is easily $5K.

Your murder photo example is a non-sequitur demonstrating your intelligence level. I cannot believe we the people live among people like you who think having a few thousand dollars is no a crime. By chance are you wearing a brown shirt?

As Jefferson said, an educated populace is integral to a functioning Democracy. You manifest just why we have lost most of it. Good luck to you.

[Tom Payned]

There are many people who can't have bank accounts anymore because of excessive bank charges, or they don't have a permanent address, or have had a lien put on their finances pending a court hearing, or are from the "old country" (Italy with my relatives) and don't trust banks, or they aren't citizens and therefore don't have social security numbers which prevent them from obtaining bank accounts.

NONE of those situation are CRIMES & therefore DO NOT WARRANT (yes you need a warrant) an investigation. Currently you have to report cash transactions of $10,000 up. $4800 isn't even half that amount.

I recently bought a care for my nephew, the buyer would only accept cash, not a cashier's check, money order, certified check. CASH. My bank didn't have a branch in his town, my ATM limit is 600 a day.

So my transporting $6200 to make a legal purchase is "suspicious" to you because you live in a world of fear & ignorance?

Move to Russia, or maybe IRAN, they probably support your views of safety over freedom of movement & freedom of commerce. Of course, it's only to restrict you, not keep you safe, but don't let that get in the way.

As for answering questions, it's NONE OF YOUR BUSINESS, freedom is what millions have spilled their blood to protect.

[Startreklivz]

The TSA in LaGuardia tried to confiscate the battery charger for my laptop computer claiming it was a bomb. When I protested, and pointed out that every laptop going through security had one, they claimed I was denying them a search of my briefcase, and proceeded to dump everything out. I had to argue with 2 levels of supervision for over 1/2 hour. When I asked for their names from their identification cards, they turned their cards around so the names were not showing, and told me that if I reported them, they would "mess with me." I did report them, and sent copies of the incident to my congressman and senators, Senator Stabenow responded that she was going to use my report as part of her questioning of the TSA -- but I see nonsense just as stupid every time I fly, and I'm flying for business 20 weeks (40 flights) this year.

[Daphydd]

Well done. TSA has on occasion gone way too far in its searches in my experience, including one time in which I was forced to empty my entire wallet. While the contents were not in my view, my cash was taken, which I did not realize until airborne on the plane. TSA agents abused their authority and committed theft, and it was done in such a way that clearly several agents were involved. Now I never remove anything but metal objects from my pockets, and I put these inside my carry on bag, rather than leaving them loose. I will raise hell if ever required to empty my pockets again. Given my experience, I suspect that those TSA agents were ultimately just interested in pocketing your $4700.

[Tom Payned]

It's too bad he didn't allow the ACLU to proceed & get a ruling or court enforceable agreement.

Now, we have nothing to cite for future Americans being denied their right to be free from unreasonable search & seizure. Why else do you think TSA said they'd do some unenforceable acts?

[maab76]

Thankfully I have not experienced this type of search. However, travelling with a medical implant can be just as interesting! Trying to reach your wallet for the medical information card one can be abused for just the action. If the wands are not accurately adjusted, the degree of sensitivity can make the wander look very foolish. When this same card made it necessary for a single 60 piece of luggage rather than 2 @ 30 were endorsed, this held up the line for at least 30 minutes. With a 20 lb limit because of the timing of the surgery, my hubby could not even carry the camera bag - which the agent dutifully weighed. It even got more interesting when the metal "sleeve" around the tip of my umbrella (which I use for balance assistance when toting so much luggage) was deemed a weapon and needing to be removed or checked as baggage. Note: other countries are just as stupifying as ours!
It does help to have been one of those who march to different drummers, however. Perhaps having worked in both design and construction for the Space Administration does prepare you to put up with this foolishness.

[BlackJAC]

Weird; I thought it took $10,000 to trip the suspicion alarm.

[Tom Payned]

No, your social status plays into "suspicion".

I work indigent defense, you'd be surprised just how many minorities are arrested for driving Mexican or Black with under $1500 cash. For other than drug dealing "where else or why else" would they have "that much cash on them"?

Under drug forfeiture laws, you don't have to be charged with an offense, just "suspected". Many people, rather than waste their meager funds, & give up time from work to contest the states' suspicions, agree to forfeit it because they can't afford to fight for it back. Once there are no criminal charges, our office, under our contract with the state, are preclude for working on their behalf, because we are indigent "criminal" defense. So the cops, because they don't have to defend their suspicions, never feel constrained in their initial contact & decisions.

[amamomofsons]

Thank You Thank You Thank You! I also will NEVER subject myself to the xray machine that is so invasive that they can see if a woman has a t-m--x. My friend who works at a London airport said that once they had a super model pass through one of those things and the buzz was that all the men close enough to gather in the room did....just for kicks. Years ago one guy makes a clumsy attempt to plant a bomb in his shoe and we all have to remove our shoes forever while drunk pilots attempt to fly the planes and they still resist giving mandatory breath and drug test to pilots before fleights.

[DuPageDem]

Chalk one up for the good guys. Thank you.

[taddles]

Thanks Steve.

[cimbri]

Stevie, good going man. All of America is indebted to you.

[pgwodehouse]

Well done. We need more people like you, and we need more organizations like the ACLU.

[Tom Payned]

Hear hear on the ACLU.

Everyone pleased with this, please go to http://www.aclu.org/ and click on donate.

ACLU is a non profit, public organization, who receives not government funds of any kind, city, state or federal.

Steve's case was done Pro Bono. As there was no judgment, or settlement, the ACLU were not compensated for their time or expenses.

[tc399]

Aloha Steve.

Well and good, but dropping the action before there is any case law on the books, Constitution notwithstanding, means the TSA can simply reverse course next week and continue to act like Nazis.

We are losing our rights and the Obama administration does not seem overly inclined to fight for them. Thank you for your efforts...I hope everyone is willing to miss a flight to keep what few we have left.

[lippylaroux]

Amazing the ACLU doesnt care as much about the second amedment or the intrusive IRS tax code...If they did I would be a card carrier too.

[Byjingoes]

Not worried about the rest of your rights, though? Way to cut off your nose to spite your face.

[taddles]

If your second amendment rights are ever in any way threatened I'm quite sure the ACLU will be there to fight for them...if that ever happens.

[Grunty1]

The ACLU fights for Constitutional rights of ANYONE, whether or not they agree with their positions. They have filed on behalf of Rush "I hate the ACLU" Limbaugh!

[Ameriki]

Contact the ACLU when any federal, state or local government refuses to allow you to bear arms within the guidelines set by the Supreme Court and then get back to us. Any action about the IRS is pointless because if any case made it to the Supreme Court, the justices would rule in favor of the IRS because that is where their salaries come from.

[JWheels]

I know, they can take my religion, my privacy, my freedom, the free press and treat me cruelly and unusually, subjugate me, discriminate against me, take my home and property. But PLEASE don't let them take my guns or tax me!!

[AnotherMcIntosh]

Thank you for standing up for your rights.