FlyerTalk Forums - View Single Post - So what exactly creates probable cause?
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Old May 3, 2009 | 1:31 pm
  #213  
law dawg
 
Join Date: Aug 2004
Posts: 4,704
Originally Posted by polonius
They can "provide information" but they cannot reveal private information without a lawful order.
This is very, very incorrect. Sorry, but you're wrong.

Apparently, you believe you can stop people on the street and detain them until they have satisfied you that they haven't broken any laws, so I would say you don't know what you can do.
No, I don't believe that I believe that. I've been doing this for two decades - I know exactly what I can and cannot do, your straw man aside.

Now you're jumping a TSO finding cash, to RS, to an "investigation" that warrants sharing of information collected under the scope of the Privacy Act, all without anything that provides any evidence of a crime?
With a large amount of cash (over $10000) at an airport and no proof of submittal, that's exactly what I have - articuable facts leading to RS, which warrants a forced detention and investigation, not PC for an arrest.

Now you're trying to conflate the case of guy actively attempting to conceal cash, "willfully" attempting to smuggle it, and make false statements to a federal officer with the situation of most travellers who are over the limit who have no clue about the requirement and make no effort to conceal it. The actions in the link you provided are criminal, but they are entirely different from the situation we are discussing here. And please note, that even in this case, the court gave the guy his money back.
Yep, after a fine and probation. The guy was charged with false claim for the willful lies about the money. But that charge was dismissed. The only charge laid on him was failure to report - which still netted him probation. It is a crime, however you decide to ignore it. Statute provided. Refute the statutes and then we'll talk again.

And refuted above.
If you don't report it, it is a crime. Period.
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