No, the "rub" is that you don't seem to understand simple concepts like "burden of proof" and "presumption of innocence". An officer doesn't get to detain you until you can demonstrate you have done nothing illegal. An officer gets to detain you only if there is evidence of wrongdoing.


Again, I'd love to see an attempted prosecution based on the fact that the form was filed by mail in advance. The form also says that it should be filed "at time of departure." Therefore, a narrow reading of the instructions suggests you would actually be breaking the law by having it filed by the time you are passing the TSA checkpoint, since you are supposed to be there at least two hours BEFORE departure. Having filed before entering the jetway would also be illegal, as you are supposed to wait until "time of departure," meaning you should file at the moment the plane pulls away from the gate.

Again, this is the problem with most LEOs. They think the law says whatever it is they want it to mean. So if you are stopped and you say "I already filed", they tell you it should be "filed at the time of departure". Get stopped in the departure lounge and tell them you are waiting to file until "time of departure" as the instructions indicate, then they will undoubtedly tell you you are in violation because you haven't filed already. In their view, the "correct" interpretation is whichever one screws the civilian in that particular circumstance.

You are correct TK, I would have to file with the Port Officer, not Barney Fife.

This is very, very incorrect. Sorry, but you're wrong.

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.

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.

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.

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

The phrase is - beat the rap, take the ride.

Without a form as evidence, an LEO can arrest you. What happens on the prosecution side is their purview. But the LEO can detain as RS, make the call to CBP, and then take it from there.

Those are terms regarding successful prosecution in a court of law. They have nothing to do with field LE work. That's dictated by reasonable suspicion of a crime and probable cause of a crime.

Correct. And possessing over $10000 in a airport without proper documentation is RS of such a crime.

Is the port officer before or after the security checkpoint? If it is before the checkpoint then the TSO should call Customs if s/he suspects that the passenger has not filed, not a local cop.

If the port officer is after the security checkpoint the TSA needs to keep their nose out of it.

You need to reword the above.

Possessing over $10k in an airport is NOT reasonable suspicion of a crime without other indicators.

Without evidence of having submitted it? Without at least a verbal acknowledgment of such? I'd argue it would warrant a short detention and investigation.

Agreed.

Nope, it would only warrant an investigation if the person was PAST the security checkpoint.

Your statement hints that you could investigate anywhere on airport property.

Curses, foiled again.

Apparently you can't trust stories from politicians or the news.

Is the situation the same for domestic travel? It seems the statute posted only refers to entering and leaving the country.

Oh, I see. You can't read my mind? I was speaking in the terminal.

Although any person I encountered with that much cash on them would warrnt some scrutiny, unless they were a courier or the like. Of course, to have stopped them I would need some kind of articuable facts anyway....

My psychic powers only work on alternating Thursdays.

Interesting. Mine is every Wednesday.

Weird.