FlyerTalk Forums - View Single Post - So what exactly creates probable cause?
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Old May 2, 2009 | 9:29 pm
  #183  
law dawg
 
Join Date: Aug 2004
Posts: 4,704
Originally Posted by Boggie Dog
If the person has filed FINCEN Form 105 by mail (the address is on the back) by what means would the CBP at the airport have knowledge of that fact?
I'm going to hazard a guess and say - computer? Phone?


Again, how can you determine if the form is filed? I say I mailed it and I think you would be hard pressed to prove otherwise. What law is violated by not disclosing to a LEO possession of such monies?
None. If, though, the LEO discovered the monies in your possession you'd have to demonstrate that you'd disclosed them on 105 or else be prepared for a detention. I'd say that meets reasonable suspicion if you have the money, no documentation and aren't answering questions. If I'm that LEO, you're not going anywhere until there's a little more investigation done. This is the norm, else no one would ever have to fill out the form - they'd just carry the money and, if stopped, not say anything and they'd walk. That obviously doesn't happen.

If you just say you mailed it, that's not good enough either. People have been known to lie before. A bet, after a few calls, the matter would be resolved rather quickly one way or another.
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