FCC admits it cannot search your home  | | 
08-06-2009, 10:03 PM
| | Member | | Join Date: May 2009
Posts: 91
| |  FCC admits it cannot search your home
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. |
08-06-2009, 10:19 PM
| | Senior Member | | Join Date: Apr 2002
Posts: 4,156
| |
Do you have a link to the article? If this is true it's significant news. |
08-07-2009, 12:36 AM
|  | Senior Member | | Join Date: Apr 2005 Location: Wisconsin
Posts: 3,032
| |
Yes I need to see this the FCC a federal organization needing a federal judge to give them permission?? I dont get it there both feds thats like my wife asking her mother if its ok we take our kids to the beach 
Plese share the link this is very interesting!!.....Tony
__________________
""""was not thinking of a cber sat with his makita screwdriver winding round the presets untill his meter said s9+60db from a guy on a handheld 15 miles away"""" |
08-07-2009, 01:07 AM
|  | Senior Member | | Join Date: Dec 2008 Location: Silicon Valley CA, Storm Lake IA
Posts: 1,070
| |
This amounts to civil disobedience by a gov't official holding office - against present interpretation of rights. Without a court order signed by a judge for a search and siezure, no enforcement can be deemed legal in any court due to the illegality of their act. If -in fact- they act in a way which is against that principle. Any such charge that has been brought into court under false pretenses can be dismissed on those grounds.
She must be a brave woman to have done what she did, and why she did it. And by law, she was correct in answering that question as she did. The right to legal search and siezure cannot be ignored - especially by those same people that we pay taxes to support.
And without getting too political - neither can the right to own and bear arms be ignored and bypassed by this gov't...
__________________
What gear do I use?
BASE: Icom IC-718 & GAP Titan DX, Yaesu FT-8800R & Diamond X50A, Magnum OmegaForce S45 & IMAX 2000 w/Astatic D104/TUP9.
MOBILE: Galaxy DX99V & Wilson 1000 w/Astatic D104-M2, Yaesu FT-8800R & Diamond NR-770.
"...The 444 in San Jose CA; the Central Gold Coast..." |
08-07-2009, 03:12 AM
|  | Senior Member | | Join Date: Aug 2005
Posts: 1,937
| |
but they are and the new supreme court leader will see to it... |
08-07-2009, 03:26 AM
| | Senior Member | | Join Date: Dec 2008 Location: Silicon Valley CA, Storm Lake IA
Posts: 1,070
| |
As a side note, my brother is a lawyer that practices criminal defense law. I told him about this story - and he said: "Y'know; I make my living off of the 4th Amendment".
So, If the FCC thinks it can slide around this one; then they are sadly mistaken. Regardless if they use the term "operating a radio is a privilege; not a right'. Regardless, it is still groundless and encroaching upon the intent of the 4th Amendment. In other words -the FCC or any other agency- cannot bypass that right.
They will need to go before a judge and show cause as to why they need a warrant - instead. With their fancy vans and slick equipment that prints out all of the offenders radio/misuse data - it wouldn't difficult for them to show the judge why they need a warrant. It is just a necessary formality - but it is necessary - nonetheless...
__________________
What gear do I use?
BASE: Icom IC-718 & GAP Titan DX, Yaesu FT-8800R & Diamond X50A, Magnum OmegaForce S45 & IMAX 2000 w/Astatic D104/TUP9.
MOBILE: Galaxy DX99V & Wilson 1000 w/Astatic D104-M2, Yaesu FT-8800R & Diamond NR-770.
"...The 444 in San Jose CA; the Central Gold Coast..."
Last edited by Rob KI6USW; 08-07-2009 at 03:42 AM.
|
08-08-2009, 09:27 PM
| | Senior Member | | Join Date: Mar 2005
Posts: 1,485
| |
People said i was nuts or crazy for saying the FCC could not do this without a warrant..
Hate to say it..
But told you so....LOL |
08-08-2009, 10:16 PM
|  | Senior Member | | Join Date: Apr 2005 Location: Central PA
Posts: 2,901
| |
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. | Link ?
This is from the FCC's website's question and answers about the legality of FCC inspections-
Quote:
Q: The FCC Agent standing at my door does not have a search warrant, so I don't have to let him in, right?
A: Wrong. Search warrants are needed for entry involving criminal matters. One of the requirements as a licensee, or non-licensee subject to the Commission's Rules, is to allow inspection of your radio equipment by FCC personnel. Whether you operate an amateur station or any other radio device, your authorization from the Commission comes with the obligation to allow inspection. Even radio stations licensed under a "blanket" rule or approval, such as Citizen's Band (CB) Radio, are subject to the Commission's inspection requirement.
| http://www.fcc.gov/eb/otherinfo/inspect.html
While they cannot force themselves into your home they claim to not need a warrant to come into your home to inspect. You do have the right to deny their entrance . |
08-08-2009, 10:42 PM
| | Senior Member | | Join Date: Apr 2005 Location: Wisconsin
Posts: 3,032
| |
Ok then whats with the extra fine for denying them entry or inspection of your equipment?
__________________
""""was not thinking of a cber sat with his makita screwdriver winding round the presets untill his meter said s9+60db from a guy on a handheld 15 miles away"""" |
08-09-2009, 06:58 AM
| | Senior Member | | Join Date: Apr 2005 Location: Central PA
Posts: 2,901
| |
Quote: Frequently Asked Questions Related to Residential Inspection of Radio Equipment by the FCC
Q: Why must operators of radio frequency devices allow the FCC to inspect their equipment?
A: The Commission must ascertain essential facts pertaining to the operation of a station which may be vital to the resolution of a number of questions, including interference problems involving public safety. For this reason, the FCC must be able to check all covered equipment that have the potential to emit radio frequencies. Section 303(n) of the Communications Act gives the FCC this authority.
Q: What happens if I do not allow the FCC agent to inspect my equipment?
A: Failure to allow inspection forecloses the opportunity to resolve the problem. Thus, refusal to allow inspection is a serious challenge to the Commission's authority to inspect radio stations and is a violation of the Rules. Such a refusal may lead to revocation of a license, maximum monetary forfeiture, or other Commission sanctions.
Q: The FCC Agent standing at my door does not have a search warrant, so I don't have to let him in, right?
A: Wrong. Search warrants are needed for entry involving criminal matters. One of the requirements as a licensee, or non-licensee subject to the Commission's Rules, is to allow inspection of your radio equipment by FCC personnel. Whether you operate an amateur station or any other radio device, your authorization from the Commission comes with the obligation to allow inspection. Even radio stations licensed under a "blanket" rule or approval, such as Citizen's Band (CB) Radio, are subject to the Commission's inspection requirement.
Q: Well then, if I am a low-power broadcaster and don't have an FCC license, they need a search warrant, right?
A: Wrong again. The FCC agents have the authority to inspect all radio equipment; even if you do not have a license, the FCC can still inspect your equipment. Section 303(n) of the Act gives the FCC the right to inspect all "stations required to be licensed." This language covers your low-power radio station. The FCC agents are inspecting the equipment, not searching your house.
Q: Okay, I understand now why the Agent doesn't need a search warrant, but how do I know what the Agent will do next?
A: Once you open the door, the agents should show their FCC identification card and badge, identify themselves by name and agency, and should state the purpose of the visit. They then should request permission to inspect the radio station. The agents may also ask to see records such as licenses for the station or operator. Agents, however, should never open private cabinets, drawers, or other private items in the search for license documents.
Q: Can the agents come to my residence at any hour of the day or night to conduct an inspection?
A: FCC Agents inspect during the hours of operation. If you are operating your station during late or unusual hours you cannot use the time element as justification for refusing to permit an inspection at that time. You cannot avoid an inspection by electing to operate only during late or unusual hours.
Q: The FCC Agent said that I had to allow inspection of my radio station without unnecessary delay. What does "without unnecessary delay" mean?
A: Immediate on-the-spot inspections are generally necessary. In most cases, any delay can result in changed conditions of the transmitting equipment or its operation, adversely affecting the efficacy of the inspections. For that reason, Agents cannot return at a later time to accommodate the operator, cannot wait for the operator to make any adjustments to the equipment, and cannot spend time repeating the reasons for the inspection.
Q: Why don't the FCC's agents have to make an appointment with me to inspect my equipment?
A: The Commission has no means of determining whether a station is being operated as licensed except through immediate on-the-spot inspection. To establish the amount of operating power of a station, the input power of the last radio stage of the transmitter must be actually measured with test equipment. To delay an inspection for the convenience of a licensee would allow the licensee time in which to modify or restore the transmitter to its licensed condition, thus permitting the licensee to avoid detection. This same theory also applies in the case of whether a station is operating with an unapproved type of transmitter.
Q: What can happen to me if the agent determines that I am using illegal or unauthorized equipment?
A: There are several different ways that this situation can be handled. You may volunteer to surrender the equipment to the agent who will then destroy it under FCC procedure. If you choose not to surrender the equipment, the FCC can bring a proceeding against you to take the equipment. This is known as an in rem (i.e., property) forfeiture proceeding . Additionally, if you choose not to surrender the equipment, you can be issued a civil monetary forfeiture penalty. See 1997 Forfeiture Policy Statement 12 FCC Rcd 17087(1997).
Q: Am I required to surrender any illegal or unauthorized equipment to the agent?
A: No, surrender is voluntary. However, it is the best way to avoid a large monetary forfeiture.
Q: Is the inspection procedure for various services different? Is the procedure different for licensees and non-licensees?
A: The inspection procedure is essentially the same for all of the services. Similarly, the inspection procedure is the same for licensed and non-licensed stations. This is because the FCC has the right to inspect ALL covered radio equipment.
| EB - Inspection Fact Sheet | | |
| Thread Tools | | | | Display Modes |  Linear Mode |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off
| | |
All times are GMT -7. The time now is 11:28 PM.
|
