Goodlatte Statement on IG Report on DEA’s Use of Cold Consent Searches

Washington, D.C. – The U.S. Department of Justice Office of the Inspector General today issued a report on the Drug Enforcement Administration’s (DEA) use of cold consent encounters. In its report, the Office of the Inspector General raised concerns about potential racial profiling at the DEA and found that the agency does not collect sufficient data, including demographic data, on its cold consent encounters to determine whether they are being conducted properly and effectively. It also found that DEA management does not ensure that training and operational requirements are clearly established, communicated, or followed by agents. Additionally, the report raises concerns about asset forfeiture resulting from cold consent encounters. The report identified practices in which agents may misrepresent either themselves or the ability of the traveler from whom they seize cash to contest the seizure. Furthermore, the report found that agents do not document these encounters unless they result in the seizure of cash or drugs. House Judiciary Committee Chairman Bob Goodlatte (R-Va.) issued the statement below on the Inspector General’s findings. Chairman Goodlatte: “I am very troubled that the Drug Enforcement Administration’s use of cold searches could lend itself to racial profiling or violation of the civil liberties of law-abiding citizens. I agree with the Inspector General that the Drug Enforcement Administration needs to document these searches so that it can inform Congress and the American people on the full scope of their impact and ensure that federal drug agents don’t engage in racial profiling. It’s imperative that people are not unfairly targeted or forced to comply with a search that is supposed to be voluntary. “Additionally, the report makes it clear that there are procedural issues with the asset forfeiture process. Members of the Crime Subcommittee will closely examine these issues raised in the report, including at our hearing on civil asset forfeiture in two weeks. Every law enforcement agency, including the DEA, must respect the rights afforded to the American people in the Constitution.” Background: Cold consent encounters, one of many tools used by the DEA to stop drug trafficking, occur when an agent approaches an individual based on no particular behavior or thinks the person may be involved in drug trafficking without having any other information. These encounters typically happen at transportation facilities and people approached by DEA agents in these encounters are not required to participate nor have their belongings searched. The Crime, Terrorism, Homeland Security, and Investigations Subcommittee will hold a hearing on civil asset forfeiture on February 11, 2015 at 10:00 a.m.