The Drug Enforcement Administration (DEA) has halted its practice of randomly searching travelers at airports and transit hubs after a critical report from the Justice Department raised serious concerns. The report, released by Inspector General Michael Horowitz, revealed various issues with the DEA's search procedures.
DEA agents were found to have failed in documenting searches properly, potentially targeting minorities illegally, and even engaging in questionable practices such as paying an airline employee for information on passengers. The report prompted the deputy attorney general to order the suspension of random searches on November 12.
One incident captured on video and shared by the Institute for Justice showed a traveler, identified as David C., refusing a search of his backpack by a federal agent. Despite his objections, the agent proceeded with the search, causing the traveler to miss his flight to New York.
The investigation also uncovered that the DEA had been compensating an airline employee with kickbacks for providing information on passengers purchasing last-minute tickets to specific destinations. This revelation raised concerns about the legality and ethics of the DEA's practices.
Furthermore, the report highlighted that the DEA's lack of documentation made it challenging to determine the extent of such searches and their outcomes. The agency's failure to provide data on the effectiveness of these interdiction efforts raised questions about the allocation of law enforcement resources.
Advocates, including the Institute for Justice, have criticized the DEA's airport seizure and forfeiture practices, with ongoing legal action against the agency and the Transportation Security Administration (TSA). They are pushing for legislative changes to eliminate the profit incentive behind unconstitutional searches.
In response to the report, the Justice Department has suspended all consensual encounters at mass transportation facilities unless connected to an existing investigation or approved by the DEA Administrator under exigent circumstances. The DEA is urged to reconsider its criteria for singling out passengers and the approach agents take in requesting searches.
The lack of body cameras on DEA agents underscores the importance of recordings like David C's in documenting interactions. The report emphasized that none of the passengers flagged for search that day had a criminal history or showed signs of illegal activity.
