For those who don’t want to watch, a guy who is about to walk out of an airport is approached by two plainclothes TSA agents who want to know how much money he’s carrying. The guy immediately stops in his tracks and loudly calls out for the assistance of a uniformed police officer.
My reaction to his reaction: Relief. I’m relieved that the situation was resolved peacefully, and I’m also relieved that he stood his ground and didn’t allow himself to be the victim of a bullshit search and seizure.
I’m guessing I would have been too afraid to do what he did. But I applaud what he did and hope that if I should find myself in a similar situation, I can do so with the same level-headedness.
He’s got the right idea asking someone to call 9-1-1. They can send a uniformed officer.
Hell, no you don’t consent to a search. I’d ask for id and call for assistance from uniformed police. Let them verify whether the persons who are claiming to be undercover police/FBI/TSA or whatever agents really are.
And then tell them to get a warrant if they want to search me. And so long as I am not under arrest I’ll be leaving. Thank you and have a nice day.
At least that works in the States. Some places I have traveled I’d scale this back a lot.
I probably would have answered because the answer would almost certainly be “nothing” and just giving the quick honest answer would get me on my way faster than debating the issue.
I’m not saying mine is the best answer for liberty and all that, just that if I’m in an airport my prime objective is likely expediency. Now, if they stopped and detained me above and beyond that I might seek extra assistance.
It would be interesting to see what happened a few minutes before the filming began.
Whether you want to call a Terry frisk an unreasonable search is up to you. However, police are able to detain and pat you down. The rationale is that they’re looking for weapons or other threats. However, if they want to find out how much money you’re carrying, it’s as simple as finding your wallet while frisking, removing it from your person so as to identify the object, and it falls open in a way it never has before.
I don’t think we have plainclothes police in Britain. Police detectives, for reasons that elude me, wear plain clothes, but they don’t interact with the public unless investigating a crime they are assigned to. I’ve never met one.
Anywhere, I’d probably do as the fellow in the OP and ask for uniformed police to oversee this, if I was that quick-witted.
Plainclothes police in the U.S are police detectives, and normally don’t interact with the public unless investigating a crime they are assigned to. One of the teachers at the school where I work is married to one.
I am left wondering what the whole scene was about. Did they suspect him of trying to smuggle money through the airport? If so, why? And how is that a crime? Did they have any actual reason to suspect him (i.e. probable cause)?
At the end the subject declares that they were just doing their job. Is it their job to randomly approach people and ask them how much money they are carrying?
It may be just my suspicious nature, but I was thinking that he was being set up for a Civil Forfeiture action.
I’m not a lawyer so this may not necessarily be correct.
From Wiki.
They simply can’t go on fishing expedition.
If the police come up to you*, then start recording immediately.
Ask them if you are being detained or are free to go. The police need to have reasonable suspicion to detain you, and that reasonable suspicion needs to be articulable facts.
If they say that you are detained, you need to let them frisk you, but don’t answer any questions and exercise your fifth amendment rights. In some states you may need to show ID but in others you do not need to.
The police are not allowed to open wallets and if you are recording them and they let it fall that way, you would have a basis for a complaint.
No matter what questions they ask you, don’t engage. Simple repeat that you are exercising your fifth amendment rights. If they keep persisting, simply repeat it as necessary.
If you are not being detained, then inform them you are leaving and walk away. The problem with the guy in the video was that he apparently attempted to walk away without finding out and the police grabbed him. That probably can lead to enough level to cause a Terry stop.
Simply [del]committing the crime of[/del] being black while walking isn’t sufficient.
No matter what questions they ask, don’t answer until they have told you if you are being detained or not. Especially don’t get into a dialog about why are you not answering questions.
*You, not me. I’m a white middle aged man so the police aren’t likely to hassle me.
However, I would image this dialog
Officer: Hi, we are the police.
TB: Hi, I’m video taping this for your safety and mine.
Officer: How much money are you carrying.
TB: Are you detaining me or am I free to go.
Officer: Hey, we just wanted to ask you a question, no need to do that.
TB: Are you detaining me or am I free to go.
Officer: Look, we just need to ask you some questions.
TB: Are you detaining me or am I free to go.
etc.
If they say they are detaining me:
TB: What crime do you suspect me of committing?
It really don’t matter what they say. After that, I’m shutting up and invoking my fifth amendment rights.
Wait, even if he was carrying $500k in ill-gotten drug money and taking it to Mexico, why would the TSA be involved in that? They aren’t a law enforcement agency. Has their mission now crept into stopping money laundering?
Honestly, it depends on my mood and if I feel shitty on a given day.
If my pain level is up, I don’t have the energy to stand up for liberty (and I’ll kick myself later for it). So I’d respond the truth, which would likely be about $20 cash.
If I was having a “good” day, yeah, I’d ask for a uniformed officer and would be calling an attorney friend and taping the interaction. All very politely, using my scatterbrained middle-aged cat lady persona. “Wait, I don’t understand. Why would you ask me that? Do you not have any money? Are you hungry? Oh, you’re police? May I see your ID? Ok, let’s call a uniformed officer. I’m alone so I’m sure you understand why I’m a bit hesitant. Oh, you want to know now? Am I being detained? Yes? Hang on, I"m going to record this for both of our protection. My lawyer, X, said to do that. No, sir/ma’am, I can’t answer any additional questions so I’ll be invoking my right to remain silent.”
Being a middle-class and middle-aged white lady, I can get away with a lot. I recognize that privilege and try to use it for good.
If dude was carrying a lot of money, he might’ve been concerned about civil forfeiture. And who could blame him?
He did the right thing by making a scene and asking for a uniformed officer. It triggered someone to start filming the interaction, and it made him look like he was more concerned about protecting his rights than hiding wrong doing.
If he was really asked by the officer to declare how much cash he was carrying and he’d answered truthfully, it makes me wonder what would’ve come next. “How did you acquire that money?” “What are you going to do with that money?” Or perhaps an order to search his bags? And if the guy refused to answer those questions or submit to a search, then what then?
I think cops like this are so used to getting compliance that they rarely question how to handle lawful refusal. Which is kind of scary.
My reaction would be to say “None of your business” and keep walking. If they stop me from walking away, I give my name, address, and birthdate. If they ask me again how much money I have, I repeat “none of your business”. If they ask again, I stare at them without saying anything.
I don’t need an attorney, and I don’t need a uniformed cop. Just make like a broken record and keep saying “I don’t consent to any searches and I am not answering any questions. Am I free to go?” I don’t even need to talk them out of anything, or argue my rights.
I sometimes wonder of the legal validity or lack thereof if I said “Am I free to go, and anything you say that isn’t No means Yes. Am I free to go?”
The one question I have regards the border search exception, which allows warrantless searches/seizures and (according to Wikipedia, at least) applies at “international borders and their functional equivalent (such as international airports).”
We all know that you can be subjected to a warrantless search, whether you consent or not, at any time between walking off the plane and leaving the customs area. But does this border search exception actually apply anywhere inside an international airport, e.g. in the area where the OP’s video was filmed?
Why were they questioning a guy leaving the airport about money?
I’m totally confused as to how or why that would happen. It makes no sense and is quite concerning.