I have been giving this issue a lot of thought and research. I think what bugs me the most is not the fact that if you are carrying large sums of money a LEO may become involved but the fact that TSOs are being told that greater than $10k IS contraband and they "should" refer you to a LEO according to OD-400-54-2.
When TSA discovers contraband during the screening process that is not a TSA Prohibited Item, the matter should be referred to the local Law Enforcement Officers as appropriate. An Enforcement Investigative Report should not be initiated.
Examples of such contraband include:
- Illegal Drugs
- Drug Paraphernalia
- Large Amounts of Cash(10,000.00)
I think we all understand and agree that if a TSO (or anyone) sees something that constitutes a serious crime (felony) they must report it. If they don't they will be guilty of
misprision of a felony, but does that extend to being compelled to report something that is legal but claimed to be contraband?
I have spent a good amount of time pondering this issue.
If a TSO referred a passenger to a LEO because the TSO felt the amount of money being carried was suspicious, I would be more forgiving. After all as good citizens we should report suspicious activity to the authorities.
If I see someone walking from a house carrying a TV and in my mind this is suspicious I should report it. If my life were run by the TSA I would compelled to report ANYONE carrying a TV even if I can see the delivery truck in the driveway.
$10k+ would be suspicious in some circumstances and not in others. If I am carrying $10k+ that would be suspicious, if Bill Gates were carrying $10k+ it would be pocket change.
In summary I really don't have a problem with a TSO having a REASONABLE suspicion about a large sum of money and involving a LEO, I have a huge problem with the TSA lying to the TSOs about $10k+ being contraband and forcing them to involve a LEO when there is NO reasonable suspicion.