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FBI conducts search by disrupting Internet service, posing as repairmen [pdf]

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Re: FBI conducts search by disrupting Internet service, posing as repairmen [pdf]

#11
post #7

Earlier quoted context omitted.

> language clauses that allow them to grant access to the rooms to third parties with "reasonable need" It's already almost certainly there. Its also there in virtually all rental agreements; the existing caselaw (cited in this decision) supports the position that using the managements authority to access for 'need' as a pretext for a search is unlawful.

> Its also there in virtually all rental agreements; the existing caselaw (cited in this decision) supports the position that using the managements authority to access for 'need' as a pretext for a search is unlawful. Does that same caselaw imply that if police want to search an apartment without a warrant, and a landlord lets them in, but the tenant did not grant permission, the search was illegal? I was under the i…

Curious about this as well. I was under the impression that even though you might not own your apartment or house (or in the case of a mortgage wherein the bank really owns it), you still have protections due to it being your home.

Re: FBI conducts search by disrupting Internet service, posing as repairmen [pdf]

#12
post #7

Earlier quoted context omitted.

> language clauses that allow them to grant access to the rooms to third parties with "reasonable need" It's already almost certainly there. Its also there in virtually all rental agreements; the existing caselaw (cited in this decision) supports the position that using the managements authority to access for 'need' as a pretext for a search is unlawful.

> Its also there in virtually all rental agreements; the existing caselaw (cited in this decision) supports the position that using the managements authority to access for 'need' as a pretext for a search is unlawful. Does that same caselaw imply that if police want to search an apartment without a warrant, and a landlord lets them in, but the tenant did not grant permission, the search was illegal? I was under the i…

There was a case, I can't remember the specifics, of a drug bust where there was more than one person in the house, the person charged did not want the police to come in, but someone else ended up letting them in. The search was contested as unlawful, but I'm not sure how it turned out...

Edit: Here it is, as long as they arrest the disagreeing party and remove them from the home, the Supreme court ruled the arrested party can no longer object to the search, and in that case they don't need a warrant. So I think the racket is they claim exigent circumstances to enter, arrest you, and then perform the search.

http://thefreethoughtproject.com/supreme-court-rules-cops-wa...

Re: FBI conducts search by disrupting Internet service, posing as repairmen [pdf]

#13

It's unfortunate that our law enforcement agents disregard the law. It's good that the judicial branch is enforcing our constitution, but saying the evidence is inadmissible is not good enough. The law enforcement agents should be held punitively accountable. Civil rights are violated, and law enforcement should be penalized for these violations.

Unfortunate? It's a direct attack on the legal system. It's worse than the average person breaking the law. Because that's expected... that's why we have police.

When the police (who should know better) break the law, they should be charged. After all, that's what happens to normal people.

Instead, the people in the legal system too often get a pass. Because they're in the legal system.

It's a kind of inverted thinking I don't understand. Other than an "us" vs "them" mentality. Where "us" are the people in the system who are somehow worth more than "them". The peasants who have the law enforced on them. With often lethal force.

Re: FBI conducts search by disrupting Internet service, posing as repairmen [pdf]

#14
post #13

It's unfortunate that our law enforcement agents disregard the law. It's good that the judicial branch is enforcing our constitution, but saying the evidence is inadmissible is not good enough. The law enforcement agents should be held punitively accountable. Civil rights are violated, and law enforcement should be penalized for these violations.

Unfortunate? It's a direct attack on the legal system. It's worse than the average person breaking the law. Because that's expected... that's why we have police. When the police (who should know better) break the law, they should be charged. After all, that's what happens to normal people. Instead, the people in the legal system too often get a pass. Because they're in the legal system. It's a kind of inverted thinki…

They have the power, thats what it is about.

Re: FBI conducts search by disrupting Internet service, posing as repairmen [pdf]

#15
post #3
post #2

TL;DR?

Basically the judge agreed with the defendant that the FBI breaking the internet and then pretending to be repair techs sent in to fix it was an illegal search and thus anything they saw during their visit was in admissible (suppressed). As there were a couple of instances of that they have to file a few more motions to suppress the rest of the FBI evidence but basically it looks like the judge will come down on thei…

Was there a countersuit for their illegal entry?

Re: FBI conducts search by disrupting Internet service, posing as repairmen [pdf]

#16
post #7

Earlier quoted context omitted.

> language clauses that allow them to grant access to the rooms to third parties with "reasonable need" It's already almost certainly there. Its also there in virtually all rental agreements; the existing caselaw (cited in this decision) supports the position that using the managements authority to access for 'need' as a pretext for a search is unlawful.

> Its also there in virtually all rental agreements; the existing caselaw (cited in this decision) supports the position that using the managements authority to access for 'need' as a pretext for a search is unlawful. Does that same caselaw imply that if police want to search an apartment without a warrant, and a landlord lets them in, but the tenant did not grant permission, the search was illegal? I was under the i…

Tenant's rights laws usually ban the landlord from entering the apartment without notice (except in the case of an emergency). So they presumably don't have a right to enter that they can extend to the police.

A few searches say that the landlord cannot consent to the search. A sample result:

http://www.nolo.com/legal-encyclopedia/landlord-give-consent...

Re: FBI conducts search by disrupting Internet service, posing as repairmen [pdf]

#19
I read through the entire affidavit when it originally came out as I have an interest in online gambling... but I couldn't figure out what exactly the FBI was after these asian gamblers for... the only thing it said was that they had multiple tvs and internet connections going into one suite and when the FBI saw what they were doing, it looked like they were only betting on World Cup matches over the internet.

There has to be more to it... I know online gambling is illegal in the USA, but why get the FBI involved because some foreigners are betting big online?

Re: FBI conducts search by disrupting Internet service, posing as repairmen [pdf]

#20

I read through the entire affidavit when it originally came out as I have an interest in online gambling... but I couldn't figure out what exactly the FBI was after these asian gamblers for... the only thing it said was that they had multiple tvs and internet connections going into one suite and when the FBI saw what they were doing, it looked like they were only betting on World Cup matches over the internet. There…

Another article here reads like they were taking bets, rather than just making them: http://www.nbcnews.com/news/us-news/judge-fbis-ruse-catch-po...
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