Can federal law enforcement demand an impromptu spot-check of your bag after you pass through airport security?
Recent footage released by the Institute for Justice (I.J.) shows an officer from the Drug Enforcement Administration (DEA) attempting to do precisely that. In the video, which was recorded earlier this year, a DEA agent repeatedly attempts to search the bag of a man identified as David C., who had already passed through a Transportation Security Administration (TSA) checkpoint and was attempting to board his flight. At one point, the agent implies that he could search David’s backpack without his consent.
“I don’t consent to search, sir,” David tells the officer. “You don’t have to consent,” the officer responds, adding moments later, “I don’t care [about] your consent stuff.”
The video shows the officer offering David the choice between boarding the plane for his flight and staying with his bag. “Set your bag down and then you can walk on the plane,” the agent says. “You can do that, but you can’t take the bag.”
“Am I being detained right now?” David asks. “Not you, but your bag,” the officer replies.
David had good reason to be disquieted by the prospect of his bag being searched, even notwithstanding the fact that it contained no contraband. According to a 2016 USA Today report, the DEA annually seizes hundreds of millions of dollars from thousands of airport travelers through a controversial process called civil asset forfeiture. Civil forfeiture allows federal agents to take large quantities of cash from individuals—sometimes for years—without ever charging them with a crime.
David’s situation is, in a way, familiar to many Americans. He was in Cincinnati for a business trip, but got sick and had to rebook his flight back to New York at the last minute. On the day of his flight, he passed through TSA and entered the airport terminal as normal, but was thereafter approached by the agent, who asked him for his ID and for permission to search his bag.
When David initially declined, the agent pulled out his badge.
The officer told David that he was suspected of illicit activity because he had booked his flight shortly before it took off. “When you buy a last-minute ticket, we get alerts,” the officer explains to David. “We come out, and we talk to those people, which I’ve tried to do to you, but you wouldn’t allow me to do it.”
David was initially skeptical that the agent had the authority to search through his bag without consent, but the officer told him, “We wouldn’t do this—and be doing this across the country—if it wasn’t legal.”
Hellbound and Down 