In Plane Sight
October 26, 2023 6:44 AM Subscribe
In Plane Sight: Drug agents searching passengers for cash at airport gates
See also Hiding In Plane Sight: DEA Agentssearch the carry-on bags of passengers boarding outbound flights from Hartsfield-Jackson Atlanta International Airport without getting warrants and seizing money without making arrests. It is a practice being done in contravention of DEA policy on civil forfeiture. Which is being done by DEA agents in major airports across the USA. Because there are millions of dollars to be made.
The title is a play on the words of
Hidden in Plain Sight: An Interactive Drug Education Program for Parents. (2021) Watch those tennis balls, Mom and Dad...
See also Warning: DEA Agents Are Searching Airline Passengers At Their Gates And Taking Their Money
See also Hiding In Plane Sight: DEA Agentssearch the carry-on bags of passengers boarding outbound flights from Hartsfield-Jackson Atlanta International Airport without getting warrants and seizing money without making arrests. It is a practice being done in contravention of DEA policy on civil forfeiture. Which is being done by DEA agents in major airports across the USA. Because there are millions of dollars to be made.
The title is a play on the words of
Hidden in Plain Sight: An Interactive Drug Education Program for Parents. (2021) Watch those tennis balls, Mom and Dad...
...According to André's and English’s lawsuit, Clayton County police stopped them on the jet bridge of separate ATL to LAX flights in 2020 and 2021, and searched their belongings in front of other passengers.Full Eric André, Clayton English Press Conference | Suit Against Atlanta Airport Search Practices
The comedians say they were racially profiled. Their lawsuit claims “these encounters are neither random nor consensual.”
The lawsuit quotes records from Clayton County police showing 56 percent of jet bridge stops involved Black passengers, and 68 percent were people of color. Atlanta News First Investigates recently obtained the same data and is analyzing the cases
See also Warning: DEA Agents Are Searching Airline Passengers At Their Gates And Taking Their Money
This post was deleted for the following reason: Problematic accusations against people with no supporting evidence. That part has been removed from the post. Stick to factual reports and avoid editorializing, thank you! -- Brandon Blatcher
This is in no way capitalism. It's government seizing cash and property from citizens.
Does anyone have a link to the US constitutional history of civil forfeiture? On the face of it, it seems insane that a law enforcement goon can just take your cash and keep it with no due process. How did we get to that situation?
The Wikipedia article has a decent history section but the article isn't written from a legal skeptical view. It all hinges on the money being ill-gotten, the proceeds of tax evasion or illegal drug trafficking. But what legal process established that the money was illegal and could be seized? How are courts not involved?
The Wikipedia article does go on to talk about "contested seizures" and it sounds like the seizure is temporary until a court rules on it. But that requires the victim challenge and spend what may be years trying to get their money back.
The ACLU has a section on asset forfeiture abuse. I haven't reviewed it.
posted by Nelson at 7:10 AM on October 26, 2023 [8 favorites]
Does anyone have a link to the US constitutional history of civil forfeiture? On the face of it, it seems insane that a law enforcement goon can just take your cash and keep it with no due process. How did we get to that situation?
The Wikipedia article has a decent history section but the article isn't written from a legal skeptical view. It all hinges on the money being ill-gotten, the proceeds of tax evasion or illegal drug trafficking. But what legal process established that the money was illegal and could be seized? How are courts not involved?
The Wikipedia article does go on to talk about "contested seizures" and it sounds like the seizure is temporary until a court rules on it. But that requires the victim challenge and spend what may be years trying to get their money back.
The ACLU has a section on asset forfeiture abuse. I haven't reviewed it.
posted by Nelson at 7:10 AM on October 26, 2023 [8 favorites]
Thanks for the Steve Lehto on YT, djseafood. I had some vague awareness of the evils of civil forfeiture but these airport seizures were new to me. It reminds me of forfeiture corridor episode of the The Good Wife. Of course, that had a made for TV happy ending. Unlike IRL.
posted by y2karl at 7:14 AM on October 26, 2023
posted by y2karl at 7:14 AM on October 26, 2023
Does the no Constitution zones in a 100 mile radius around the international airports means that cops could just come and do this at my home, too ?
posted by MonsieurPEB at 7:29 AM on October 26, 2023 [1 favorite]
posted by MonsieurPEB at 7:29 AM on October 26, 2023 [1 favorite]
Obviously the DEA agents are effectively tricking passengers into consenting to searches. I wonder if anyone has refused the search, and if so what happened then.
posted by slkinsey at 7:35 AM on October 26, 2023 [3 favorites]
posted by slkinsey at 7:35 AM on October 26, 2023 [3 favorites]
highwaymen.
posted by bombastic lowercase pronouncements at 7:35 AM on October 26, 2023 [1 favorite]
posted by bombastic lowercase pronouncements at 7:35 AM on October 26, 2023 [1 favorite]
Abolition is the only way forward.
posted by ob1quixote at 7:39 AM on October 26, 2023 [1 favorite]
posted by ob1quixote at 7:39 AM on October 26, 2023 [1 favorite]
Things like this seem to say that the entire framework of the current 'societal constructs' is really falling by the wayside. If law enforcement can essentially steal from any citizen without due process, without any consequences, why should any citizen be concerned about a fair an equitable justice system - or following any laws themselves?
posted by rozcakj at 7:40 AM on October 26, 2023
posted by rozcakj at 7:40 AM on October 26, 2023
> If law enforcement can essentially steal from any citizen without due process
<img src="astronaut_pointing_gun_at_other_astronaut.gif"/>
posted by bombastic lowercase pronouncements at 7:43 AM on October 26, 2023 [3 favorites]
<img src="astronaut_pointing_gun_at_other_astronaut.gif"/>
posted by bombastic lowercase pronouncements at 7:43 AM on October 26, 2023 [3 favorites]
Does the no Constitution zones in a 100 mile radius around the international airports means that cops could just come and do this at my home, too ?
I believe the current situation is "it's not settled law but as a practical matter if you want to claim that you have constitutional rights in the face of CBP or DEA malfeasance within 100 miles of a border or international airport, expect to spend years in court."
posted by mhoye at 7:43 AM on October 26, 2023
I believe the current situation is "it's not settled law but as a practical matter if you want to claim that you have constitutional rights in the face of CBP or DEA malfeasance within 100 miles of a border or international airport, expect to spend years in court."
posted by mhoye at 7:43 AM on October 26, 2023
Every so often I think it might be nice to see the US, then I'm reminded that I don't even want to transit through it.
posted by krisjohn at 7:47 AM on October 26, 2023 [4 favorites]
posted by krisjohn at 7:47 AM on October 26, 2023 [4 favorites]
If law enforcement can essentially steal from any citizen without due process, without any consequences, why should any citizen be concerned about a fair an equitable justice system - or following any laws themselves?
People have been saying for decades that if you care about democracy's continued existence, you need to care about the the rights of the imprisoned and the accused, because one of the most effective and often-used tools in the fascist state's toolbox is to declare that criminals don't deserve rights or protections under the law, and then start declaring their political enemies to be criminals.
It's as simple as that, and I'm not sure what to tell people who are just waking up to this. This is why the War On Drugs exists - to demonize and encarcerate political opposition. This is why the DEA exists, why asset forfeiture exists. This is why qualified immunity exists. This has been going on for fifty years. Whenever you hear people saying "victim's rights" or "think of the children" or winking and nodding at prison rape or voting for "tough on crime" policies and politicians, that's what they want and who they are.
posted by mhoye at 7:49 AM on October 26, 2023 [10 favorites]
People have been saying for decades that if you care about democracy's continued existence, you need to care about the the rights of the imprisoned and the accused, because one of the most effective and often-used tools in the fascist state's toolbox is to declare that criminals don't deserve rights or protections under the law, and then start declaring their political enemies to be criminals.
It's as simple as that, and I'm not sure what to tell people who are just waking up to this. This is why the War On Drugs exists - to demonize and encarcerate political opposition. This is why the DEA exists, why asset forfeiture exists. This is why qualified immunity exists. This has been going on for fifty years. Whenever you hear people saying "victim's rights" or "think of the children" or winking and nodding at prison rape or voting for "tough on crime" policies and politicians, that's what they want and who they are.
posted by mhoye at 7:49 AM on October 26, 2023 [10 favorites]
“ If law enforcement can essentially steal from any citizen without due process, without any consequences, why should any citizen be concerned about a fair an equitable justice system - or following any laws themselves?”
Bc it’s not “any other citizen,” but specifically Black and brown men. Those of us who aren’t Black or brown men don’t feel as much urgency or fear about this, so we’re less inclined to take action of any kind.
posted by toodleydoodley at 7:49 AM on October 26, 2023 [2 favorites]
Bc it’s not “any other citizen,” but specifically Black and brown men. Those of us who aren’t Black or brown men don’t feel as much urgency or fear about this, so we’re less inclined to take action of any kind.
posted by toodleydoodley at 7:49 AM on October 26, 2023 [2 favorites]
Every so often I think it might be nice to see the US, then I'm reminded that I don't even want to transit through it.
If you're white, and not pregnant, and not trans, you'll be fine. Well, unless you get hurt and need to go to a hospital, or get caught in a mass shooting, I guess.
This is not a joke.
posted by rhymedirective at 7:50 AM on October 26, 2023
If you're white, and not pregnant, and not trans, you'll be fine. Well, unless you get hurt and need to go to a hospital, or get caught in a mass shooting, I guess.
This is not a joke.
posted by rhymedirective at 7:50 AM on October 26, 2023
law is a subset of crime.
this has been yr bombastic lowercase pronouncement for the day, yr welcome, p.s. if yr a cop u have to tell me
posted by bombastic lowercase pronouncements at 7:52 AM on October 26, 2023 [1 favorite]
this has been yr bombastic lowercase pronouncement for the day, yr welcome, p.s. if yr a cop u have to tell me
posted by bombastic lowercase pronouncements at 7:52 AM on October 26, 2023 [1 favorite]
thank u bombastic
posted by mhoye at 7:52 AM on October 26, 2023 [1 favorite]
posted by mhoye at 7:52 AM on October 26, 2023 [1 favorite]
But what legal process established that the money was illegal and could be seized? How are courts not involved?
Step 1: Pressure someone into consenting to a search.
Step 2: Seize the money "on suspicion."
Step 3: File a case in rem, nominally against the money itself
Step 4: Hope that the owner never contests it.
Step 5: Win by default.
posted by BungaDunga at 7:58 AM on October 26, 2023
Step 1: Pressure someone into consenting to a search.
Step 2: Seize the money "on suspicion."
Step 3: File a case in rem, nominally against the money itself
Step 4: Hope that the owner never contests it.
Step 5: Win by default.
posted by BungaDunga at 7:58 AM on October 26, 2023
Never keep cash in your bag. I've had cash stolen from inside the bag after checking it in.
If the money is on your person then then can't confiscate it right?
posted by Liquidwolf at 8:07 AM on October 26, 2023
If the money is on your person then then can't confiscate it right?
posted by Liquidwolf at 8:07 AM on October 26, 2023
Probably what is needed is something like "if a legal punishment is predicated on government power for one of the parties, then the act is not civil". Ie, the government can sue over breach of contract, because non-governments can enter into contracts. But only the government can seize assets suspected of involvement in a crime, so the seizure of such assets is not a civil punishment or matter for civil courts.
I think such a principle would make most of this hackery go away; at least until they start allowing private parties to seize assets suspected of being involved in crime. But then people could seize fox news.
posted by NotAYakk at 8:07 AM on October 26, 2023
I think such a principle would make most of this hackery go away; at least until they start allowing private parties to seize assets suspected of being involved in crime. But then people could seize fox news.
posted by NotAYakk at 8:07 AM on October 26, 2023
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Let's just say it's an abhorrent practice at the very least, outright un-civil Robbery if you were to ask me.
posted by djseafood at 6:55 AM on October 26, 2023 [3 favorites]