DOJ Cracks Down On DEA’s Passenger Search Practices After Watchdog Report
The Department of Justice (DOJ) has ordered the Drug Enforcement Administration (DEA) to suspend its practice of conducting passenger searches at airports and other transportation facilities after an internal review found serious concerns regarding the agency’s adherence to its own policies. The investigation, conducted by the DOJ’s Office of the Inspector General (OIG), revealed that DEA officers were not following required procedures for “consensual encounters” with travelers.
In its report, the OIG outlined several operational and legal risks arising from these non-compliant actions. For example, the DEA had failed to properly document consensual encounters, and its mandatory training for DEA and Task Force personnel had been suspended since 2023. This failure to comply with internal policy increases the likelihood of mishandling these encounters, potentially violating passengers’ rights.
A troubling incident involved a traveler who was selected for a consensual encounter based on information from a DEA confidential source employed by a commercial airline. This employee had received a percentage of cash seized by the DEA in previous operations, which raised questions about the conflict of interest involved. The traveler declined consent, but their carry-on bag was still detained, with a drug detection dog being deployed. No contraband was found during the search.
Further investigation revealed that the DEA Task Force officers involved in the encounter were not equipped with body cameras, a lapse in protocol that has raised concerns about transparency. Additionally, the report highlighted past complaints of racial profiling during consensual encounters, with the DEA ceasing data collection on such incidents in 2003.
In response to these findings, Deputy Attorney General Lisa Monaco ordered the suspension of all consensual encounters at mass transportation hubs, unless they are part of a targeted investigation or explicitly approved by a DEA administrator. This move underscores the DOJ’s commitment to ensuring that law enforcement practices respect the rights of individuals and comply with established regulations.
The suspension is part of a broader effort to address issues within the DEA and to restore public trust in law enforcement procedures at transportation facilities. The ongoing investigation highlights the importance of oversight in ensuring that law enforcement agencies operate within the boundaries of the law.
