What is the correct answer to the Steve Bierfeldt question?
 

Let's make one small factual change in the story:

http://www.thenewamerican.com/usnews/election/969

Suppose Steve had $10,000.01 in his cash box (not the $4,700 he had that day), and the same STL-DCA itinerary he was carrying in his pocket that day.

TSO asks, "Why are you carrying this amount of money?" or "Where did you get this money?"

Steve asks in response, "Am I legally required to answer that question?"

Remember, TSA says cash in excess of $10,000 is "contraband," and the TSO is required to investigate the matter under TSA Directive:

(1.) Must a TSO or the TSO's supervisor deny Steve the right to pass through the security checkpoint unless he answers the question?

(2.) Isn't the TSO required to call in an LEO at that point, if Steve keeps asking, "Am I legally required to answer that question?"

...and if the answer to (1) and (2) are "yes," haven't we just instituted a ban on domestic transport of cash "if you want to fly today?"

Your questions should open some eyes, but we know that TSA has blinders on.

First if something is contraband then having any amount of that item is not allowed. By designating "money" as contraband TSA has declared "money" to be an illegal item regardless of the amount. I'm sure Treasury will be interested in that development.

Second, nothing in the currency control laws require or even suggest a need to declare carriage of any amount of currency to TSA. Nothing!
Regardless of the TSA Op Directive the carriage and possession of cash is not TSA's business and I would refuse to cooperate with them in this aspect.

To the final point, if a TSA employee becomes aware of a large amount of currency then to comply with internal policy they apparently must notifiy someone, although it is unclear to me if that someone is a superior TSA employee or law enforcement.

In either case I think TSA has exceeded their charter if they do so. To deny passage into the secure area for refusal to discuss ones finances should set up an opportunity to challenge TSA procedures that restrict a persons ability to travel by air for doing nothing that threatens that action.

It sounds like the issue is more the metal box. If the metal box hadn't triggered a bag search, then he would have been fine. Carry your cash in a plastic box or just rolled up into wads.

I'd call in a LEO as soon as the TSO would get one. If the TSO said they needed to talk to me, I'd like a real cop present.

I don't talk to TSA. If they don't like my non-response, they are welcome to get the GSC for the airline I am flying or they can get a law enforcement officer.

TSA: got questions? Tough crap.

Those are good questions. Maybe you should ask TSA to answer them.

No point in asking the TSA; they have arbitrarily and illegally designated $10k in cash as "contraband". They are not about to rescind that without being forced to by some higher authority. Which, as we all know, does not exist.

:mad:

Forgive me for asking a silly question, but why doesn't someone just sue the TSA for this allegedly illegal restriction?

I think you'd have to have been relieved of $10,000.01 or more in order to have grounds to sue.

Because, according to the TSA, due to security reasons, the TSA is not subject to the constitution or laws of the United States of America.

Carrying large amounts of cash on your person domestically is not illegal. Its not advisable, but not illegal.

Leaving the US with large amounts of cash or negotiable monetary instruments of $10,000 or more is illegal and subject to seizure.

The easiest thing in the world is carry a bank draft made out to your self and avoid the cash problem.

Isn't that something that the US supreme court gets to decide?

Michael

Not true, you can bring any amount of money into the US, you just have to declare amounts of $10K or more. Not sure about taking money out, but it's certainly no more restrictive. Many countries prohibit moving cash, the U.S. does not.

Do you work for the TSA? I ask because the statement I highlighted above is flat out wrong but it is what the TSA seems to be teaching its screeners.

The $10,000 rule was actually drawn from Federal law prohibiting carrying more than $10,000 in cash or negotiable instruments into or out of the U.S. -- it is derived from money laundering legislation associated with the Bank Secrecy Act. It does not apply to travel inside the U.S.

The TSA directive idenitfying large sums of cash is not designating the cash as contraband as an "indicator" of criminally suspicoius activity. As such, the large amount of cash alone should not trigger questioning, however a large amount of cash in conjunction with other indicators is what is supposed to trigger questionning and the filing of a suspicous activity report.

What amount is a "large amount" is discretionary in light of the totality of the circumstances (i.e., what other indicators existed.) I would guess this case was a training and supervision issue -- the TSO did not have sufficient trainng on suspicous activity reporting and the supervisor didn't monitor the TSO's activity.

LEO's are typically much better trained on these issues. Confronting the TSO will only cause more grief. If you want to get through fast, simply give a logical explanation -- I'm giving the money to a son/daughter to help with them with a down payment ona house; I'm hoping to buy (some expensive gift) for a spouse; My credit cards were stolen and I'm using the money for travel expenses, etc. If you have time and want to challenge the TSO's authority on this, call a supervisor and/or LEO

The law DOES NOT PROHIBIT the carriage of more than $10,000 into/out of the US! It simply requires that you report when you do so.

Oh -- and Welc:eek:me to the world of posting to FT!