New Institute for Justice Video Exposes Unconstitutional Airport Interdiction Tactics

ARLINGTON, Va.—At airports across the U.S., Drug Enforcement Administration (DEA) agents confront flyers as they are boarding flights and ask to search carry-on items. Though these interactions are supposed to be consensual, flyers often get the impression that they have no choice but to submit to a search. Today, the Institute for Justice (IJ) released a video with never-before-seen cellphone footage of a DEA interdiction. The footage was recorded by a flyer at the Cincinnati/Northern Kentucky International Airport earlier this year.

WATCH the video.

A strong motivation for these searches is the profit incentive behind civil forfeiture. When agents see cash in large amounts, they seize the money, often without arresting the flyer or ever charging them with a crime. Forfeited money then flows into accounts controlled by law enforcement rather than Congress. For years, IJ has been defending innocent flyers fighting forfeiture of their savings.

“This is the most complete video of DEA agents badgering someone into giving up their rights we have ever seen,” said IJ Attorney Kirby West, one of the co-leaders of IJ’s Initiative to End Forfeiture. “But sadly, this is just one unconstitutional interaction of many happening each day at airports across the U.S. David was courageous to stand up for his rights and we thank him for sharing this revealing footage with IJ.”

In the video, flyer David C. is confronted by an agent while he is boarding his flight home to New York. The agent explains that David was singled out because he bought a last minute ticket. The agent never explains what probable cause he has to search David’s bag but insists that David is not free to board the plane with it.

When David grew frustrated with the agent’s refusal to say what crime he is suspected of committing, he boarded his flight with his backpack. Minutes later, the agent boarded the plane and initially tried to walk off with another passenger’s bag. The agent locates David’s bag and takes it off the plane over David’s objection.

David followed the officer off the plane and continued his refusal to submit to a search. The bag was subjected to a canine search and officers insisted that an alert from the dog would allow them to get a warrant. After further badgering, David signed a form permitting the search. Nothing criminal was found in his bag.

“What happened to me was wrong,” says David in the video. “And knowing that this happens to a lot of other people, I feel that sharing my story will hopefully make a difference.”

IJ currently has a class action lawsuit against the DEA and Transportation Security Administration over their unconstitutional searches and seizures at U.S. airports. The lawsuit was filed in 2020 and represents plaintiffs who had cash seized but were never charged with any crime.