FlyerTalk Forums - View Single Post - So what exactly creates probable cause?
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Old Apr 30, 2009 | 7:06 pm
  #101  
T-the-B
15 Years on Site
 
Join Date: Dec 2007
Programs: DL, WN, US, Avis, AA
Posts: 663
Originally Posted by law dawg
The only way that would be justified is:

2) In the course of looking for dangerous items they discover a large amount of cash. They can then call LEOs over to investigate whether or not the rules about transporting cash were followed.
This rationale confuses me. The rules only require notification for amounts >$10,000 and only require notification to US Customs. What rationale -based on law- would the screener have for determining if the amount of cash is > or < $10,000 once he had determined that there was no prohibited item hidden inside. It seems to me that once he begins to actually count the money he is exceeding the scope of the administrative search. It seems self-evident that a pile of cash does not fall within the category of weapon, explosive or incendiary.

Even assuming that you can (legally) justify involving a LEO to investigate "whether or not the rules ... were followed" how would such an investigation take place?

LEO, "You have to file the proper paperwork if you're taking >$10,000 out of the country. Did you do that?"

PAX #1, "Not yet, I'll do it before I board my flight."

PAX #2, "I mailed it in on the way to the airport."

PAX #3, "Do you work for Customs? If not, then mind your own business."

PAX #4, "I refuse to answer any questions without my attorney present."

PAX #5, "Get lost."

How would a true investigation proceed after any of the above responses? I'm not talking about hassling the PAX because he had an attitude or to show who is the boss. I'm interested in how a local LEO could actually conduct a realistic investigation? Understand that no crime will take place until the passenger actually does, in fact, leave the country without having filed the proper paperwork. So long as he is still in the country any investigation would be, by definition, an investigation into a potential, future crime at best. How exactly does a LEO investigate a crime that has not been committed?

I'm not trying to be cute. I really want to know if LEOs really have enough time on their hands to investigate things which only may happen?
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