Traveler Detained For Carrying "Too Much" Cash Sues TSA
Back in March, Steve Bierfeldt was pulled aside while going through the security line at Lambert-St. Louis (Missouri) International Airport, taken to a room, and questioned for half an hour about the box of cash he was trying to check through. Bierfeldt, who works for a Ron Paul organization, recorded the conversation. Now with the help of the ACLU he's suing the TSA.
CNN notes that "there are no restrictions on carrying large sums of cash on flights within the United States," which is something the TSA agents surely should have known. Instead, they subjected Bierfeldt to exchanges like this:
Officer: Why do you have this money? That's the question, that's the major question.
Bierfeldt: Yes, sir, and I'm asking whether I'm legally required to answer that question.
Officer: Answer that question first, why do you have this money.
Bierfeldt: Am I legally required to answer that question?
Officer: So you refuse to answer that question?
Bierfeldt: No, sir, I am not refusing.
Officer: Well, you're not answering.
Bierfeldt: I'm simply asking my rights under the law.
The officers can be heard saying they will involve the Federal Bureau of Investigation and the Drug Enforcement Administration, and appear to threaten arrest, saying they are going to transport Bierfeldt to the local police station, in handcuffs if necessary.
The TSA says passengers are required to answer questions about their property. Bierfeldt says he didn't refuse, he only asked for straight answers about his rights before providing any information.
"I asked them, 'Am I required by law to tell you what you're asking me? Am I required to tell you where I am working? Am I required to tell you how I got the cash? Nothing I've done is suspicious. I'm not breaking any laws. I just want to go to my flight. Please advise me as to my rights.' And they didn't."
You can hear the entire recording here.
"Passenger says TSA agents harassed him" [CNN] (Thanks to Dooley!)
RELATED
"Audio Full Version: Campaign for Liberty's Steve Bierfeldt detained and questioned by St. Louis TSA" [Daily Newscaster]
(Photo: redjar)
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Comments:
Maybe they were afraid he was going to buy all the food and drinks on his flight, causing a riot among the other passengers.
Tomorrow: Traveler arrested and charged for recording conversation with law enforcement personnel without giving the opportunity for the recording equipment to be seized and destroyed.
Second time today I've prayed to be on a jury. I'd award this man A LOT of money. This is ridiculous. Tell me again what the TSA do exactly?
@Psychosocial:
The Transportation Safety Administration is responsible for regulating what can go on an aircraft. they were behind liquids being banned onboard commercial flights. now they're behind cash being banned aboard commercial flights
@Psychosocial: As far as I know, civil lawsuits don't have juries. Awards are awarded by a judge. And the TSA don't do a damn thing. At least not a damn useful thing.
I hope he takes them to the cleaners. $4,700 isn't even that much money.
As stated above, doing this for $4,700 seriously?
last time we flew we were asked if we had $10,000 or more with us, now granted that was back in 2006 and we were asked by customs and not found with a box of cash but still all this for less than 5 grand
What threat is he imposing?
Yay for the ACLU for doing something useful.
So wanting to know your rights under the law is a bad thing now? That makes perfect sense.
With few exceptions (notably Miranda) it is not and has never been the responsibility of the police to inform people of their rights.
The lesson here is that you need to know your rights and be prepared to exercise them, not expect the police to give you a crash course.
I'm not saying nor implying that Steve Bierfeldt or Ron Paul hates the ACLU, but I always felt that the people who want to sue the ACLU should back off, because someday the ACLU will help you, too, when YOUR civil liberties are being violated.
For example, if one day atheists vote to outlaw marriage between Christians, the ACLU will step up to the plate and defend them. Of course there's no danger of that right now, but one never knows.
So how again does carrying money affect the safety of an airline? Was he going to set the bills on fire somehow? Oh that's right, the TSA has NOTHING to do with safety, and everything to do with invasive constitution-free law enforcement (where you get to make up your own laws). I forgot.
@sonneillon:
doesn't the ACLU handle cases with Racism or Censorship not being detained for having 5 grand??
@YOXIM: There are juries in civil trials. The respondent gets to decide if he wants a bench trial where the judge is the finder of fact, or if they want a jury to be the finder of fact.
@Roy Hobbs: LOL my coworker still believes that the IRS and income taxes are not legal, even after he lost the house that his inlaws gave him and his wife for their wedding.
People who know the Constitution are not the problem; the problem is how they interpret it.
@Roy Hobbs: haha true. That is ONE good use of Ron Paul supporters. Though sometimes their interpretation of the constitution is rater... annoying.
@Joshua Willis: Indeed. As a foreign national, I know this for a fact. There is no limit to the cash you can take with you, but you have to declare it if you are carrying 10K plus.
And that applies only to cash. My first time coming to USA, I was carrying a fair bunch in demand drafts (bankers checks) and travellers checks. And I decided to be safe rather than busted and I ticked off the "please interrogate me" check box. However the very sweet helpful and understanding lady at the customs politely told me that it goes only for cash, and travellers checks are cool, and I dont have to worry about it.
@DionneHorae:
Maybe they thought he was a drug dealer and wanted to detain him to make sure they can trace the money to the location given (or not given depending if he wants to cooperate)
it makes sense but they should answer him first
@AppleAlex: Someone carrying nearly 5K in cash is almost certainly a Ron Paul supporter. And they can be very dangerous with their whole computer chair activism thing. Theres no telling what they might blog about next ;)
@Ben Miner: That's where I'm not entirely behind Steve. I agree that he doesn't have to explain himself if he doesn't want to, but I don't agree that is an officers job to give him legal advice (which is what he's asking).
If he simply repeated, "What law have I violated that requires me to be detained?" That would be better.
@SayAhh: Yeah, ACLU is a blade that cuts both ways :P
They can be a bit over the top, and these days they seem to only have progressive causes to defend, but they would just as well support conservative causes.
I am listening to this, and just grinning from ear to ear at the fact that these asshats have NO IDEA they are being recorded. Ahh, if only everything I did during the day was recorded so that I could use the things said during the day against asshats.
@SayAhh: I can't decide if you're being serious about the "outlawing marriage" thing or not.
(Checks sarcasm detector)
@xboxcrazy33: It's only in a few situations that Law Enforcement has to tell you your rights. The rest of the time its up to you. So, he should not have asked what his rights were, he should have said, "I don't have to answer that question," or, "What law have I violated that requires my detainment?"
PS- It's those pesky librul activist judges that even gave you Miranda rights. Scalia has talked about getting rid of that requirement for years.
@jayphat: You know, to be fair, one of the major reasons we have a Supreme Court is to interpret the constitution. Arguably, these have historically been 9 of the most jurisprudent judges and lawyers in America. They have every resource at their disposal, and even so they usually disagree on almost every issue.
The point I'm trying to make is that the Constitution isn't as cut-and-dry as maybe we'd like to think it is, and I don't think anyone should be criticized for developing a viewpoint based on thorough and thoughtful research.
I think Mr. Bierfeldt was within his rights to ask about the laws concerning the situation and what his legal rights were. Shouldn't he have been mirandized?
The TSA says passengers are required to answer questions about their property.
Is this, in fact, correct? A cursory search for "TSA Regulations" nets general information "helpful" to travelers.
Where are the official rules governing these brownshirts?
@doctor_cos:
Hidden in a file cabinet somewhere in Texas
seems a lot of companies and administrations these days can't seem to yank up the rules or regulations on a physical sheet they always just say "it's policy, it's the rules"
One thing I gleaned from reading the article this morning was that the TSA was suffering from Mission Creep. Look we have a potential drug dealer here. lets harras him. Also as soon as he stated that he worked for Ron Paul the let him go..this is fund raising money for Ron Paul? Yes? Your free to go.
That is wrong on so many levels
@DionneHorae: TSA is not only around for terrorist, they are basically border patrol for airports. Carrying 5k in cash is not normal, so they asked about it, which is their job. Just like carrying a body part, a gun, etc. With good reason, its no big deal, but it sets off red flags when looked at alone.
Being detained at the airport is one of my biggest fears, and listening to the entire thing made me feel anxious- even from just a 3rd person listening standpoint.
Gotta love how the fact that you have a badge makes some people (note; Some) act like this.
Nothing like high school dropouts who couldn't get jobs as Wal-Mart security guards!
What's the law on recording people in person whom do not know they are being recorded
paying someone $12.50 an hour, then giving them a badge with questionable guidelines will always cause this. I'm frankly surprised it doesnt happen more.
@AppleAlex: Yeah, I could at least kind of get it if it were customs (though hey, good sign that the person isn't going to be a burden on the country they're visiting). But TSA? What the hell is he going to endanger aloft? Unless he forgot to mention it's all in rolls of quarters...
how hard is a AMi i legally suppose to answer to answer
we have the right to akx those queshuns
@wallspray:
38 states and DC allow recording a conversation to which you are a party without informing the other party. Fortunately for him, Missouri is one of those 38 states.
@coren: Perhaps it would, but then again, are we more trustworthy?
As for Juries, I've been on a number of them, some civil, some criminal. This was in Georgia, and of course, It could vary depending on a lot of different things (location, type of case, judges whim, etc)
@Psychosocial: TSA are mostly a bunch of either young punks, or disgruntled middle age/older worker's third part time job. I had a bad experience at the San Francisco international terminal last year. I placed my items on the x ray machine belt. As I stood there, an old guy in front of the personal metal detector yells at me to go through. As soon as I did that, a young punk behind the x ray machine yells at me that I didn't push my items through the machine all the way. The old guy laughs, and then the punk gives me a snide comment that I was lucky he was in a good mood. WTF? Obviously I complained but nothing ever happened.
If it's either TSA or the custom officers, most of them are a bunch of miserable dweebs.
Some of these guys who have actually read some of the Constitution can be very useful to have around. When they're not spamming you about the fact that the IRS is illegal, of course.