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FCC admits it cannot search your home

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  #11  
Old 08-09-2009, 07:53 AM
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Quote:
Originally Posted by Shioda View Post
FCC's regional director of enforcement was deposed today. She admitted that the FCC has no authority to force anyone to allow entry into their home, unless the FCC gets a search warrant. She also admitted that the FCC has no authority to seize equipment unless the FCC first gets an order from the court. She stated that while the FCC has the power to inspect equipment, they have no authority to enter a house or business without permission or a court order.
I never needed anyone to tell me that, the constitution says it plain and simple no matter what some dumb ass labels it as an act of homeland security which would have to be handled by the U.S. marshalls office.
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Old 08-09-2009, 08:02 AM
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Quote:
Originally Posted by Shioda
FCC's regional director of enforcement was deposed today. She admitted that the FCC has no authority to force anyone to allow entry into their home, unless the FCC gets a search warrant. She also admitted that the FCC has no authority to seize equipment unless the FCC first gets an order from the court. She stated that while the FCC has the power to inspect equipment, they have no authority to enter a house or business without permission or a court order.
If she stated the above she didn't say anything more than what the FCC site already states .
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Old 08-09-2009, 08:02 AM
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Originally Posted by Sonwatcher View Post
I do not have a radio station in my home, there is an old antenna left by the precious residents so go away.
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Old 08-09-2009, 09:33 AM
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Quote:
Originally Posted by Sonwatcher View Post
If she stated the above she didn't say anything more than what the FCC site already states .
Exactly. Something that needs to be considered is that they send letters and a field agent out to observe first. If they are knocking on your door they already have evidence of a violation. Although you may have the legal right to refuse letting them inspect your equipment (without a warrant) they already have enough evidence to issue the citation if they so choose. My thoughts are that if you cooperate with them you have a better chance of negotiating the outcome. Refusing to let them in is like putting the last nail in the coffin. You will get hammered with a higher monetary fine, and your privelege to operate a station will be revoked. If you continue operating after that they just might get that warrant. Then you have additional fines to pay and a guarantee that your equipment will be confiscated. Who knows - If you let them in the first time they were there they may have just warned you not to use the illegal equipment (if applicable) and that would have been the end of it.
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Old 08-09-2009, 12:29 PM
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I'm still waiting on the requested link.
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Old 08-09-2009, 01:35 PM
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Quote:
Originally Posted by mackmobile43 View Post
I do not have a radio station in my home, there is an old antenna left by the precious residents so go away.
See the other thread. The FCC considers your wireless router and your cordless phone and your cell phone a "radio station"
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Old 08-09-2009, 01:59 PM
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I guess there isn't a link ??? Hmmmm...... I'm not sure of the purpose of the post. It is completely inline with the FCC website.

They do not need a warrant to inspect. They do need permission to enter. They will not seize equipment without a court order. They will accept you volunteering it to them. All that is on the FCC site.
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  #18  
Old 08-09-2009, 02:30 PM
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See this thread where the FCC claimed it could do a warrantless search. FCC can search homes without a warrant?
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Old 08-09-2009, 03:34 PM
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If you are trying to refute the article it would do justice to verify your quote.

As far as the article it was referring to radio frequency devices outside of Amateur or CB use. The problem is that some state that if you use a radio frequency device you agree to inspection by its use. The problem is that is not told to the consumer. I just opened a brand new wireless phone. Nowhere
does it state that one is subject to follow the rules and yield to inspection. It just states the product is found to comply with the limits with FCC regulations in Part 15. Nowhere is it remotely implied that the consumer is subject to inspection if the device is problematic. Nowhere does it state that the consumer must comply to Part 15. That is the crutch of the article.

The FCC makes this statement which the article refutes is legal-

Quote:
Whether you operate an amateur station or any other radio device, your
authorization from the Commission comes with the obligation to allow
inspection.
With the RF devices mentioned in the article this requirement is not presented to the consumer with the purchase of said device .
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Old 08-09-2009, 03:40 PM
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It IS true they can do a warrantless inspection in that to inspect they do not need a warrant. But they do need permission to enter your home. My problem, as with the article, is that the inspection process or requirement is not stated with the documents accompanying the device. It does not state that the user must comply by certain rules of operation. It just states that the device is found to comply with regulatory requirements in its manufacturing .
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