Can the DEA Perform Searches Without Receiving Consent?

 Posted on July 30, 2024 in Criminal Defense

Over the past few decades, more and more people have become aware of the practice of "asset forfeiture," in which law enforcement officers may seize money or assets that they believe are connected with a crime. In many cases, people have lost large amounts of money, as well as other assets, such as vehicles, even in cases where they are never charged with a crime. Recently, concerns have been raised about whether the Drug Enforcement Administration (DEA) can perform searches of people’s belongings at airports without the need to obtain a search warrant or receive consent from those who are being searched.

Many people who face criminal charges will also need to address the forfeiture of their assets. A skilled attorney can be an invaluable ally in these matters, helping determine the best approach to take to recover assets that have been seized as quickly as possible. 

DEA Agents Claim That Consent for Searches Is Not Required in Certain Situations

Typically, law enforcement officials are required to obtain permission before performing searches or seizing people’s assets. They may obtain search warrants from judges based on probable cause, and they will need to demonstrate that they have a compelling reason to believe that a person committed a crime. They may also perform searches after receiving consent from the person being searched. In some cases, searches may be performed without a warrant or consent, although these cases often require both probable cause and "exigent circumstances," meaning that unless a search is performed, a suspect may escape custody, destroy evidence, or put others in danger of imminent harm.

Recently, evidence has come to light of DEA agents attempting to perform searches in airports because they believe people are behaving suspiciously or may potentially be involved in drug transactions. A video that was recently released by the Institute for Justice shows a situation in which a man had successfully passed through security at an airport but was prevented from boarding his plane by a DEA agent who asked to search his bag. He stated that he did not consent to the search, but the agent informed him that his consent was not required.

The agent had chosen to stop and search the man because he had booked a last-minute plane ticket. The agent also claimed that the man was not being detained, because only his bag needed to be searched. However, this was likely a violation of the Fourth Amendment. The U.S. Supreme Court has ruled that there must be reasonable suspicion that a crime has occurred before a person’s bags can be seized or searched at an airport. Courts have also indicated that purchasing a last-minute ticket is not grounds for reasonable suspicion. Claiming that only the bag was being detained, not the person, was also incorrect, because the Supreme Court has ruled that the seizure of a bag is the same as detaining a person due to the fact that this would disrupt travel plans and prevent a person from freely continuing with their scheduled flights or other travel arrangements.

This incident is just one example of the many seizures of people's assets conducted by the DEA and other law enforcement agencies every year. To address this issue, the Institute for Justice is pursuing a class-action lawsuit against the DEA and the Transportation Security Administration (TSA), seeking to stop these unconstitutional searches and ensure that people do not have their money or property taken when they are legally traveling through airports or other locations.

Contact Our Connecticut Asset Forfeiture Defense Attorney

At Woolf Law Firm, LLC, we know how difficult it can be to have your hard-earned money or property taken away from you. Fighting against the government to get back what is rightfully yours can seem like an impossible task. Fortunately, our Hartford criminal defense lawyer is here to help in these situations. In addition to working with you to defend against criminal charges, we can take steps to recover assets that have been seized and ensure that you and your family will not be treated unfairly and unjustly. Contact us today at 860-290-8690 to set up a free consultation.