Man sues police, agencies over cash seizure

A Salt Lake man is suing two federal police agencies and the Transportation Security Administration, alleging that police violated his 4th Amendment rights by illegally searching and seizing his property — $26,000 in cash he planned to use to purchase goods for his art business — while detaining the man at the airport last year.

Matthew Ryan Smith, owner of Rythmatic Enterprises, claims the business and his personal reputation suffered after police removed him in handcuffs from the Salt Lake International Airport Aug. 14, 2003. Smith's removal occurred after security agents found Smith was carrying the quantity of money in his carry-on luggage, according to the suit filed in federal court this past week.

Smith is seeking a jury trial and both compensatory and punitive damages for the actions of federal agents. Named in the suit are the TSA, the Drug Enforcement Administration, the U.S. Marshal Service and Salt Lake police, whose officers detained Smith until DEA agents arrived. The agencies have 20 days to respond to the filing.

The U.S. Attorney's Office, which represents all federal agencies in court, could not comment on the case Thursday, as the office had yet to see the suit, spokeswoman Melodie Rydalch said.

Smith's attorney, Marianne McGregor Guelker, also said she could offer little comment since the litigation is pending. She did say, however, that the 27-year-old Smith was never charged with a crime and that the profitability of his business has suffered.

In court documents, Smith, a glass-blower and artist by trade, claims that when detained he was traveling to Seattle to attend various art festivals in order to purchase gems, minerals, glass supplies and finished art for his business.

A TSA agent told Smith that she was required by policy to contact police when large sums of money are discovered among a passenger's effects. A Salt Lake police officer contacted DEA agents, who over the telephone began an inquiry of Smith, telling him, "If you're gonna play hard with me, I'm going to come and seize your money," and "It'll take your lawyer at least a year to get it back," court documents state.

Detained and questioned for four hours, Smith was prevented from watching police handle and count his money, was made to turn over his wallet and car keys, and was put off when he asked on three occasions to contact an attorney.

Smith alleges that agents searched his vehicle without his permission and that a dog trained to sniff out drugs was coaxed into a reaction to Smith's money.