1. You can now help support WorldwideDX when you shop on Amazon at no additional cost to you! Simply follow this Shop on Amazon link first and a portion of any purchase is sent to WorldwideDX to help with site costs.
    Dismiss Notice
Dismiss Notice
This forum does not allow a single user to have more than one username. If anyone wants to change their username contact an admin and it will be done. Multiple accounts belonging to the same member will be deleted without warning.

FCC can search homes without a warrant?

Discussion in 'FCC Activity' started by dudmuck, May 21, 2009.

  1. dudmuck

    dudmuck Active Member

    Joined:
    May 21, 2007
    Messages:
    482
    Likes Received:
    10
    The FCC's power extend beyond the Fourth Amendment’s protection against unreasonable search and seizure?

    The FCC says, "Whether you operate an amateur station or any other radio device, your authorization from the Commission comes with the obligation to allow inspection".

    read it all:
    Raw Story FCC can search homes without a warrant, agency says


     

  2. C W Morse

    C W Morse Active Member

    Joined:
    Apr 3, 2005
    Messages:
    1,022
    Likes Received:
    9
    They do NOT extend beyond "reasonable search and seizure", and particularly in the case of CB and Amateur radio stations. That's because you are engaging in a VOLUNTARY activity that is under FCC's control. You are not "required" to operate a CB or ham station, and thus by operating such a station you are AGREEING to ALL the provisions of the rules that apply! (Part 95 and Part 97). The rules state that you MUST permit inspection of your transmitting station. No transmit, no RF emitted, no inspection. But if you are sending radio waves out into the ether and are, perhaps, violating the rules, then FCC has the right to inspect ANY radio station.

    CWM
     
  3. Cajun Invader

    Cajun Invader Membership Moderator

    Joined:
    Oct 13, 2008
    Messages:
    360
    Likes Received:
    0
    I hope Switch Kit chimes in on this topic.
     
  4. dudmuck

    dudmuck Active Member

    Joined:
    May 21, 2007
    Messages:
    482
    Likes Received:
    10
    It hasnt been tested in court, so there is no saying.

    The article is in the context of unlicensed part 15 devices, and people who have no idea what CB or ham radio is.
    Since they run a wifi router at home or a baby monitor, they must let in the FCC for inspection?
    The FCC can run rampant thru everybodys house looking for the violating wifi unit?

    It certainly is possible to run illegal wifi. The 2.4GHz channels 12, 13, 14 are legal outside the USA, so if you use them inside the USA then you are "freebanding". Power amplifiers for 802.11b/g are readily available.
    But %99.999 of the people have no knowledge of that stuff.
     
  5. C2

    C2 Sr. Member

    Joined:
    Aug 3, 2005
    Messages:
    2,408
    Likes Received:
    73
    Hey, isn't there a FIVE WATT WiFi amplifier for sale on this board?

    This is kinda similar to the searching one's automobile, or maybe not?

    Anyway, the courts threw that out. I guess that driving, which requires licensing, even though voluntary and just a mere privelage, did not warrant the local PD from searching your vehicular without a warrant.

    The feds are a little more totalitarian, however...
     
  6. mackmobile43

    mackmobile43 Jock Supporter

    Joined:
    Feb 11, 2008
    Messages:
    6,700
    Likes Received:
    393
    if you don't have a gun strapped to your waist then you ain't got no right to enter my home with or without a search warrant.

    Go back and bring the enforcers you whiny little piss ants'
     
  7. C W Morse

    C W Morse Active Member

    Joined:
    Apr 3, 2005
    Messages:
    1,022
    Likes Received:
    9
    Sorry! Won't work! You certainly CAN REFUSE to allow the agents into your house. However, they have already determined that there is some sort of Transmitter/Radio/RF, etc, being emitted from your residence. So they will just FINE you for the REFUSAL to permit inspection---the amount of which will likely exceed that amount you may (or may not) have gotten by permitting the inspection to start with. It is NOT a Constitutional issue since we are dealing with Regulatory Law as opposed to Constitutional Law! You have NO "right" to operate a radio; it is a voluntary privilege acording to regulatory law that you have agreed to abide by (and in the case of CB and ham radio) either by the ACT of picking up the mike and transmitting OR by accepting the license. ALL radio stations are required, under the provisions of the regulations that govern their operations, to submit to inspection. There has already been challenges to the law (Title 47 US Code), and FCC has won everytime. :LOL:


    CWM
     
  8. mackmobile43

    mackmobile43 Jock Supporter

    Joined:
    Feb 11, 2008
    Messages:
    6,700
    Likes Received:
    393
    well you can't get blood from a turnip and I would'nt have a problem paying the measly fines they dole out in the name of spectural purity.
     
  9. 6 Meters Rules

    Joined:
    Dec 18, 2008
    Messages:
    55
    Likes Received:
    0
    Well I Hope You Got $10,000 & Time too spend in Jail Cause They CAN & WILL Get a Search Warrant & If They Find Anything That's Not Type Accepted Your UP S_ _T Creek Without a Paddle, They gonna Drop Your Tower , Antenna's Take Your Equipment & Then Through You In The POKY , Fact IT'S A Privilege not a Right too operate a Radio & if you get caught YOU ARE UP S_ _ T CREEK !:headbang:LOL::w00t::w00t::LOL:
     
  10. King Mudduck

    King Mudduck FEAR THE DUCK!

    Joined:
    May 6, 2005
    Messages:
    864
    Likes Received:
    15
    "You have NO "right" to operate a radio"

    ....or pretty much anything else in this country unless the government tells you can!
     
  11. Cajun Invader

    Cajun Invader Membership Moderator

    Joined:
    Oct 13, 2008
    Messages:
    360
    Likes Received:
    0
  12. Shioda

    Shioda Active Member

    Joined:
    May 17, 2009
    Messages:
    265
    Likes Received:
    49
    The FCC has no right to enter your home without a warrant to conduct an administrative search. This has been the law since at least 1967. The FCC does have the right to inspect equipment at your radio station. Is an access point a radio station? If you refuse to allow an inspection, the FCC can fine you. However, prior to issuing a NAL for engaging in an activity that does not require a license, they must issue a warning in the form of a citation. After issuing the citation, they can then issue a NAL if the conduct continues. They cannot collect the NAL without filing a lawsuit in federal court.
     
  13. Moleculo

    Moleculo Administrator
    Staff Member

    Joined:
    Apr 14, 2002
    Messages:
    8,924
    Likes Received:
    1,131
    The whole problem with this "inspection right" is that it was intended for real radio operators - ham, cb, etc. When they wrote these laws, they had no way of knowing that the average house would be filled with wireless computer, baby monitors, wireless security systems, etc. The law was never intended to allow the FCC unwarranted inspections for common, everday appliances in citizen's homes.

    I guarantee you that the first time this gets tested in court will be the last time the FCC tries to pull off something like that. What irritates me more than anything else is the FCC arrogant belief that they can do something which every regular citizen clearly views as a blatant violation of our Bill of Rights.
     
  14. mackmobile43

    mackmobile43 Jock Supporter

    Joined:
    Feb 11, 2008
    Messages:
    6,700
    Likes Received:
    393
    The title of this thread is untrue, they cannot search your house without a search warrant but when you do not allow them to search your home (voluntarily) they run home like the little bitches they are and then get a (court) order to search ,then and only then with the help of the U.S Marshalls office are they allowed to enter your home.

    Just because they send you a notice on monitary forfifture does not mean they have taken your money, it's just like a cop giving you a ticket but they allow you to sign it in their presence which the officers of the FCC do not but this in no way allows the FCC to take any money from anyone pending a trial by one's peers as stated in the Constitution of these United States of America.

    So once again the title of this topic is untrue and disceptive.
     
  15. Sonwatcher

    Sonwatcher Active Member

    Joined:
    Apr 6, 2005
    Messages:
    3,417
    Likes Received:
    21
    It is my understanding that Regulatory Law must still fall under the scrutiny of Constitutional Law . Just because something falls under Regulatory Law does not mean its execution does not have to follow Constitutional Law .
     

Share This Page

  • About Us

    The WorldwideDX Radio Forum was originally established in 2001. We pride ourselves on welcoming Radio Hobby enthusiasts of all types, while offering unbiased, informative, and friendly discussion among the members. We are working every day to make sure our community is the best Radio Hobbyist's site.
  • Like us on Facebook

  • Premium VIP Member

    The management works very hard to make sure the community is running the best software, best designs, and all the other bells and whistles. Care to buy us a beer? We'd really appreciate it!

    Donate to us!