Airport Seizures of Cash
Protect your rights at the airport with skilled legal advice.
Understanding Airport Cash Seizures: Your Rights and Legal Options
Airport cash seizures raise important questions about what authority officers have to take money, how these seizures occur, when they are permitted under the law, and why travelers are targeted in the first place. If your cash was taken at an airport—or you are concerned about it happening—this guide explains the legal basis for these seizures and the steps you can take afterward.
What Are Airport Seizures of Cash?
Airport seizures of cash occur when federal agents or local law enforcement seize money from travelers based on suspicion that it relates to illegal activity. This seizure power comes from federal civil forfeiture laws, which allow the government to take property—including cash—without always filing criminal charges first.
When cash is taken at an airport, the matter typically enters a legal process known as civil forfeiture. This process is separate from any criminal case, and the government can keep your money if you are never arrested or convicted of a crime. In forfeiture proceedings, the government seeks to keep the property by alleging that it is tied to a violation of federal law.
After a seizure, agents are required to provide a receipt documenting what was taken. You should later receive written notice explaining the forfeiture process and your right to file a claim to challenge the seizure. In most cases, the government has 90 days to initiate formal forfeiture proceedings, though certain exceptions may extend that timeline.
It is important to remember that carrying cash is not a crime. You have the right to travel with your own money.
Common Reasons Cash Is Taken at Airports
- Large Amounts of Cash: Cash seizures often happen when someone is carrying several thousand dollars or more. Agents look for cash in amounts they consider suspicious, typically $10,000 or more. But they can seize smaller amounts too.
- Routine Security Checks: Sometimes, routine security screening raises questions about your money. Officers may ask where it came from or how you plan to use it. If you cannot clearly explain, they may hold the cash and start a seizure process.
- Misunderstandings or Mistakes: Many travelers do not know the rules about carrying and reporting cash. Small, honest mistakes—like giving unclear answers about where the money came from—can quickly lead to bigger problems.
Why the Government Can Take Your Cash Without Charging You
Civil asset forfeiture is a legal process that treats money or property as the subject of a lawsuit, not you. This is why forfeiture cases are named “United States v. $50,000 in US Currency.”
This creates a major problem. You do not have the same legal protections as in a criminal case. For example, if you can’t afford a lawyer, the government won’t provide one. Moreover, the government does not need to prove guilt. It only needs to show it is more likely than not that your cash is connected to crime. This is called the “preponderance of the evidence” standard.
This creates unfair results. Innocent people lose cash. Travelers carrying large amounts for legal reasons—buying a car, paying medical bills, conducting business—may lose their money.
Federal Law That Allows Airport Seizures
The main federal law is 19 USC § 1595a and 18 USC § 981. These laws let the government seize currency if agents believe it is connected to a violation of federal law. “Connected to” is broad. It can mean money from drug sales, money meant to buy drugs, money used to hide crime proceeds, or money involved in structuring (breaking up large amounts to avoid reporting requirements).
The Customs and Border Protection agency operates under these laws at airports. They coordinate with the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), and local police.
Your Rights When Cash Is Seized at the Airport
If your cash is seized at the airport, you still have important legal rights that protect you during and after the process.
Your Immediate Rights During the Seizure
You have the right to refuse to consent to a search of your bags or pockets. Say clearly: “I do not consent to a search.” However, TSA and CBP have the authority to search luggage without consent during screening. Refusing consent does not stop them, but it creates a record that they searched despite the refusal.
You have the right to ask why the search is happening. Agents should explain they are looking for contraband or currency connected to crime. You do not have to answer their questions. You can say: “I want to speak to a lawyer.” After you say this, agents should stop questioning you.
You have the right to a receipt showing what was taken. The receipt should list the amount, the date, and who took it. Keep this receipt safe. You’ll need it to file a claim.
Your Right to File a Claim and Challenge the Seizure
You have 30 days from the date of seizure to file a claim. The notice you received should include instructions on where to send it. You need to file a written claim stating that you own the cash and have a right to recover it.
After you file a claim, the government has 90 days to file a forfeiture case. If they do not file within 90 days, they are obligated to return your money. If they file, you enter the civil forfeiture process. You can file a motion to get your money back right away while the case is pending. This is called a motion for return of property.
Your Right to Legal Help and Court Review
You have the right to hire a lawyer to fight the seizure. In court, you can argue that the seizure violated your rights. You can argue the government lacks probable cause. You can testify about the lawful source of your cash. You can present documents such as bank statements, receipts, or contracts to show that the money is yours and was earned or intended for legal purposes.
Advice on How to Legally Transport Cash
Learn key tips for transporting cash to avoid potential issues and ensure your money stays secure.
- Declare When Required: Whenever your cash exceeds $10,000 in international travel, always disclose this using the proper forms.
- Be Ready for Questions: Officials can ask about the source or purpose of your funds. Offer honest, concise answers.
- Know What’s Allowed: Review the TSA’s “What Can I Bring?” list for clarity about currency and items permitted through security.
If You’re Worried About Airport Seizures of Cash, We Can Help
If your money was taken at an airport, consider speaking with Strickland Webster, LLC about your legal options. A timely consultation can help you understand the forfeiture process and any steps that may be available to challenge the seizure. Contact us today for an initial meeting.
Frequently Asked Questions
1. Can the government seize cash at the airport without charging me with a crime?
Yes. Federal agents can seize cash under civil asset forfeiture laws even if you’re never arrested or charged with any crime. The government doesn’t need to prove guilt beyond a reasonable doubt. Instead, agents can take cash based on reasonable suspicion that it’s connected to illegal activity.
2. What happens if I’m traveling with more than $10,000 in cash and don’t report it?
Failing to report currency over $10,000 to US Customs and Border Protection is a federal crime called “structuring” or failure to file a Currency Transaction Report (CTR). Even if the money itself is legal, failing to declare it exposes you to criminal liability and makes your cash vulnerable to seizure.
3. How long can the government hold my seized cash?
The government typically has 30 days to send you a notice of seizure and 90 days to file a civil forfeiture complaint in federal court under the Customs Forfeiture statute. If they don’t file within that window, the cash may be returned. However, if they file a complaint, your money can be held throughout the entire court case, which may last many months or longer.
4. What legal grounds can I use to challenge a cash seizure at the airport in federal court?
You can file a claim in federal court arguing the seizure violated your Fourth Amendment rights (illegal search or seizure), that the government lacked probable cause or reasonable suspicion. You can also argue that the cash is innocent because it’s legitimately earned money with no connection to crime.
5. If I’m a US citizen but don’t live in Georgia, can I still fight an airport seizure in federal court?
Yes. Airport seizures by U.S. Customs and Border Protection trigger federal jurisdiction regardless of your citizenship or home state. The case is filed in the federal district court where the seizure occurred.