Airport police rarely go viral when they stop people without probable cause and rummage through bags that already have cleared security. Most warrantless searches in the boarding area between TSA checkpoints and the gate draw little attention.
Yet, one Drug Enforcement Administration encounter got more than 2 million views in one week after an innocent traveler pulled out his phone and started recording at Cincinnati/Northern Kentucky International Airport.
The video, posted in July 2024, shows never-before-seen footage of daily intimidation tactics at U.S. terminals. Participating agencies claim that shakedowns are necessary to catch drug traffickers. But the real target is money.
Carrying any amount of cash is legal, and no declaration is required on domestic flights. Yet, a law enforcement maneuver called civil forfeiture allows the government to take and permanently keep property without an arrest or conviction.
Agencies do not even need to identify a suspect. They are supposed to be able to link the seized property to criminal activity. Most of the time, they do not have to prove anything by any standard in any court. As a result, anything more than a few hundred bucks is treated as contraband.
Unlike criminal cases, civil forfeiture requires property owners to pay for their own attorney, and many cannot afford it, nor can they navigate the system by themselves. So, they frequently cut their losses and walk away, allowing the government to win administratively. This happens 93 percent of the time at the Department of Justice, which includes the DEA.
If property owners make it to trial, they still face long odds. It’s their word against law enforcement officers, who typically testify that property owners fit the drug courier profile for boilerplate reasons, such as the cash being wrapped in rubber bands or stored in an envelope.
Once the process ends, participating agencies can keep up to 100 percent of the proceeds. The incentive to police for profit is huge. Federal, state and local agencies pulled in at least $68.8 billion from 2000 to 2019 — more than $9 million daily.
The policy is simple: If you see something, seize something.
David C. knew a little about the rigged process when he booked a flight from Cincinnati to New York in January 2024, so he declined when a plainclothes DEA agent approached him and requested access to his backpack.
David captured most of what happened next on his phone, and he shared the video with our public interest law firm, the Institute for Justice. He was not carrying a large amount of cash. He just had a work laptop, passport and documentation, which already had passed a TSA screening.
This should have been sufficient. Yet, a paid informant alerted the DEA that David had purchased a last-minute ticket. This alone triggers additional DEA scrutiny, so the agent moved in. “We wouldn’t do this and being doing it across the country if it wasn’t legal,” he said.
David refused to play along. He confirmed he was not being detained and boarded his flight, taking his backpack. This did not go well. The agent followed David onto the plane and grabbed his backpack for a K9 sniff on the jetway.
The Supreme Court held in 2015 that the police cannot extend traffic stops to make someone wait for a drug dog unless they have probable cause. Airports should work the same way, but the DEA flaunts this principle.
The dog initially walked past the backpack placed on the ground with nothing around it. The handler then turned the dog on its leash, pointed directly at the backpack, and made a kissy sound, causing the dog to sit at the designated spot. The handler called this a positive alert, giving the TSA leverage for more delays.
“I was tired, I was sick, and I just missed my flight,” David said. “I finally gave in and signed the paper they demanded I sign.”
This is not how law enforcement should work. A class-action lawsuit, which our firm filed in 2020 against the DEA and TSA, documents widespread abuse and aims to end it. If travelers must follow the law, the government must follow the Constitution.