The Constitution, Forfeiture, Proportionality and Instrumentality: United States ? Bajakajian The United States Supreme Court Tries Again

Abstract

On 9th June, 1994, Mr Hosea Bajakajian and his wife were preparing to board an Alitalia Airways flight departing Los Angeles bound for Syria (Mr Bajakajian's native land) and Cyprus via Rome. Prior to boarding, Mr Bajakajian was stopped by US Customs officers. Mr Bajakajian had not filed a currency report with customs stating that he was leaving the USA with more than $10,000 in his possession, a perfectly lawful act, but one requiring a report. When stopped, Mr Bajakajian was asked whether he had in excess of $10,000. He replied ‘No’. The lie would have worked, but for the fact that this particular Alitalia Airways flight was targeted by customs officers who were looking for hidden currency. The trained canine assigned to the task had alerted officers to Bajakajian's luggage. In the luggage officers found $230,192. Mr Baja‐kajian was given the opportunity to declare the US currency excess, but he stuck by his denial. A search of his personal belongings, as well as his wife's revealed an additional $127,012. Further searches brought the total to $357,144.