United States v. Edgar Hernandez-Salazar

KRAVITCH, Circuit Judge:

In 1984, Congress amended 31 U.S.C. § 5317 to add a provision to expand the authority of Customs officers to search persons and property entering and departing the United States for currency reporting violations. In this issue of first impression,1 the constitutionality of the 1984 amendment to 31 U.S.C. § 5317(b)2 is challenged.

Appellant Edgar Hernandez-Salazar and two codefendants were indicted for currency reporting offenses in connection with appellant’s attempt to transport in excess of $200,000 in United States currency in a checked bag on a flight from Miami to…