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November 23, 2024

Justice Department Pauses DEA's Airport Searches in Wake of Critical Report

The Justice Department has halted the Drug Enforcement Administration's random searches of travelers at airports following a critical report.

A recent report by the Justice Department's inspector general, Michael Horowitz, has led to the suspension of DEA's random searches at transportation hubs due to numerous procedural issues, as Fox News reports.

The comprehensive investigation by Inspector General Horowitz unveiled several troubling practices, including improper documentation and signs of racial profiling. These findings prompted the deputy attorney general to suspend the searches on Nov. 12, pending a thorough review.

An alarming case from the report involved an airline employee who was compensated by the DEA to identify search targets. This individual reportedly received substantial sums over several years to provide information on passengers, often those purchasing last-minute tickets.

One specific incident captured on video showed traveler David C. being subjected to a forced search against his will, which resulted in him missing his flight without any illegal substances being found.

The DEA's Questionable Practice of Targeting Travelers

The report also criticized the lack of comprehensive record-keeping by the DEA. Agents did not typically document searches unless they led to a seizure or an arrest, raising concerns over the accountability of such operations.

According to the IG report, DEA agents seized more than $209 million from travelers at 15 major U.S. airports over the past decade. These funds were often shared with local law enforcement agencies, which may incentivize the continuation of these practices. The practice came under severe scrutiny when musician Brian Moore had $8,500 taken from him at an airport. The money was eventually returned after a protracted legal battle, costing Moore nearly twice the amount of the original seizure.

Legal Challenges and Calls for Reform

The Institute for Justice, a civil liberties law firm, has taken legal action against both the DEA and the Transportation Security Administration (TSA). They are challenging what they consider unconstitutional searches driven by profit motives.

Following the backlash, the Justice Department issued a memo restricting "consensual encounters" at transportation facilities to those tied to specific investigations or under special circumstances. This new directive aims to ensure that future searches are justified and documented.

Horowitz's report highlights the ineffective nature of the DEA's interdiction efforts at airports, particularly criticizing the assumption that purchasing a last-minute ticket could indicate criminal activity. It was revealed that none of the targeted travelers had a relevant criminal history or any indication of illegal activities.

Impact of the DEA's Search Practices on Individuals

The case of David C., who asserted his rights during the encounter, showcased the aggressive tactics used by federal agents. Despite his objections, agents proceeded with the search, dismissing his concerns about consent.

"I don't consent to search, sir," David C. stated, only to be met with, "You don't have to consent," and "I don't care about your consent stuff," from the federal agents involved. These incidents reflect a broader issue with the DEA's airport search practices, as voiced by IJ Senior Attorney Dan Alban: "[The] OIG report confirms what we’ve been saying for years about predatory DEA practices at airports."

Future Direction Following Suspension of Searches

The Justice Department's suspension of the DEA's random search authority is seen as a preliminary step toward addressing these deep-seated issues.

"It was terrible, the worst experience of my life," recounted Brian Moore about his ordeal. "They basically, in that one day, in those few minutes, ruined my entire music career."

As the Justice Department and DEA reassess these practices, the public and legal experts await a sustainable change that respects civil liberties while effectively tackling crime.

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