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HOW DOES A KNOCK AT THE DOOR GO DOWN?

I think the most common misinterpretation is the difference between a inspection and a search.

A search of your home requires a warrant and probable cause before a judge to determine if a warrant is justified.

An inspection by the FCC requires no warrant because it isn't a search, just a inspection of your transmitting station which "you" as a radio operator, be it Amateur, CB, Commercial broadcast, automatically are subject to by choosing to operate a radio transmitting station.

The US Government enacted these rules and the FCC has overseen them before most of your parents were born. In the year 1934 to be exact.

For people who argue the rules which are in plain English, usually haven't fully read them are therefore ignorant.

Again here is a official link with good FAQ to clarify what is on inspections.

http://transition.fcc.gov/eb/otherinfo/inspect.html
 
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I hope you weren't referring to and misinterpreted what I posted about inspections on a "whim", I said that already.

Maybe instead of saying "not likely" I should have been more definitive and left those words out and said" FCC field agents won't"

No I was not directing that at you or anyone else in particular. I have just seen far too many people think that CB is not licensed and therefore they do not have to allow an inspection without a warrant. Those people have obviously not read the rules and regs. as well as have an attitude about what THEY believe to be the regulations regarding inspections requiring a warrant.
 
I hope you weren't referring to and misinterpreted what I posted about inspections on a "whim", I said that already.

Maybe instead of saying "not likely" I should have been more definitive and left those words out and said" FCC field agents won't"

No I was not directing that at you or anyone else in particular. I have just seen far too many people think that CB is not licensed and therefore they do not have to allow an inspection without a warrant. Those people have obviously not read the rules and regs. as well as have an attitude about what THEY believe to be the regulations regarding inspections requiring a warrant.
 
The original question was a reasonable one given that many Americans believe the 4th Amendment protects them from warrantless intrusions into their home. Given American history, it is easy to understand why the OP launched the original question. It looks like the answer is about the way the 4th Amendment is circumvented by the notion of consent drafted into the controlling rules.

The American colonists took great offense to the open ended Writs of Assistance which the King of England issued. Use of these started in 1662 in England. They were made applicable to the colonies in 1696. These writs allowed unlimited, unrestrained searches of homes. They did no go over well in England or the colonies.

Change came first in England. By 1763, William Pitt, Earl of Chatham commented on the rights of "the poorest man in his cottage" in England.

"It may be frail--it's roof may shake--the wind may blow through it-the storm may enter--the rain may enter--but the King of England cannot enter--all his forces dare not cross the threshhold of the ruined tenement" without first obtaining a warrant.

Upon securing independence, the colonists likewise put an end to the abuses by enacting our 4th Amendment, which includes a warrant requirement. Unfortunately, we've spent the last 230+ years watering it down.

The answers offered to the original question have taken us into some hypotheticals, as well as to the tangent which pits what's theoretically a possible vs. what is practical and more probable. I'm not sure that "the man's" hair splitting between an inspection and a search is intellectually honest in the eyes of the people (like our OP) - regardless of what lawyers or judges think.

The original question seems to concern itself with the simple fact that an inspection involves the invasion into the privacy of one's home, and it often times does. The lesson to be learned here is that operating on the airwaves is treated as a privilege - not a right. Driving a vehicle is viewed the same way. It seems to me that what operators need to take away from this thread is that your operating a radio that transmits means you are consenting to an inspection which the F.C.C. might very well view as allowing a warrantless entry into your home.
 
Nice history lesson.

An inspection of a radio station can be a mobile station too or any location a station is being operated.

You and others omit the fact that there is a procedure that FCC agents have to follow including asking for permission to enter your residence for an inspection. You have the right to deny an inspection but you may be subject to violations for doing so.

Congress enacted the ruling back in 1934 under the FDR presidency which basically established the FCC as an overseer for compliance of the regulations. All civilized countries have similar rules and their own version of the FCC.

The purpose of this is to ensure the entire frequency spectrum is shared and divided among different communication modes and electronic devices and to make sure every type doesn't cause interference on other parts of their allocated band plan so that communication mode or device can operate freely within their limits of their own band plan. This is what the modern day outlaw CBer doesn't get.

If we didn't have the FCC or rules regarding the frequency spectrum use age, You would have total domination of the spectrum by the big guys and couldn't use any of your cell phones, internet, AM/FM radios, satellite TV and radio etc. because of some massive interference or transmitter eating up all the bandwidth.
That's the purpose of the FCC is to keep all users of their band plan in check and the same goes for all countries as well that are part of the ITU agreements set by the United Nations back in 1945. So it's a worldwide thing, not just us here in the USA.

If you disagree with the rules, then you shouldn't operate a radio station because it is a privilege , not a right. As such, just like driving a car, you must follow traffic laws or you will be subject to fines when caught and eventually loss of driving privileges.
 
Oh for Christ's sake.....I am a Canadian and apparently I know more about the American regs regarding station inspection that half of you guys do. An FCC agent CANNOT enter a home or business without consent of the owner unless he has a warrant.He is then backed up by law enforcement who must serve the warrant. usually it is the US Marshall Service. He CAN however demand to inspect the station. If the owner refuses he can and is most likely charged with refusing to allow an inspection. Have you you guys not seen all the charges of failing to allow an inspection? that is what most dolts get charged with and NOT for what it is they have connected to the antenna.
 
Nice history lesson.

You and others omit the fact that there is a procedure that FCC agents have to follow including asking for permission to enter your residence for an inspection. Only because my post was getting too long. We can talk about "knock and announce" and all of the other requirements if folks want to go there.

You have the right to deny an inspection but you may be subject to violations for doing so.

The OP's comments suggest he is offended by the notion of what he views as a coerced consent. I read his posts to tell us that he sees being asked to consent under threat of any kind of punishment - whether it is a fine, seizure or imprisonment - as offensive to what he expected his rights to be under the 4th Amendment. I understand what he is saying, which is different from whether I think he is correct.

If you disagree with the rules, then you shouldn't operate a radio station because it is a privilege , not a right. As such, just like driving a car, you must follow traffic laws or you will be subject to fines when caught and eventually loss of driving privileges.

That reasoning seems to be part of what the OP finds offensive to what he believes his 4th Amendment rights to be.

An FCC agent CANNOT enter a home or business without consent of the owner unless he has a warrant.He is then backed up by law enforcement who must serve the warrant. usually it is the US Marshall Service. He CAN however demand to inspect the station. If the owner refuses he can and is most likely charged with refusing to allow an inspection. Have you you guys not seen all the charges of failing to allow an inspection? that is what most dolts get charged with and NOT for what it is they have connected to the antenna.

I don't disagree with any of this. What the OP seems to be telling us is that he expected things to be otherwise.
 
That reasoning seems to be part of what the OP finds offensive to what he believes his 4th Amendment rights to be.



I don't disagree with any of this. What the OP seems to be telling us is that he expected things to be otherwise.

And if the regulations are read it would be understood. There are still people on this forum and others that spout their 4'th ammendment rights everytime this subject comes up but the 4'th ammendant has nothing to do with it. They are NOT there to search the premises but rather to inspect the radio equipment. At least one case has already been thrown out of court where an FCC agent that was inspecting a station reported he had seen a grow op on the premises. Charges were later filed based on that a following investigation and thrown out as it was outside his authority to look for anything other than the radio gear and the evidence was not properly acquired.
 
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And if the regulations are read it would be understood. There are still people on this forum and others that spout their 4'th ammendment rights everytime this subject comes up but the 4'th ammendant has nothing to do with it. They are NOT there to search the premises but rather to inspect the radio equipment. At least one case has already been thrown out of court where an FCC agent that was inspecting a station reported he had seen a grow op on the premises. Charges were later filed based on that a following investigation and thrown out as it was outside his authority to look for anything other than the radio gear and the evidence was not properly acquired.

CB operators in the U.S. are required to read and become familiar with Subpart D of Chapter 95 (47 C.F.R . 95.401 et. seq.) Those regulations - even as amended - do not provide the kind of detail we have gone into in this discussion. It does not surprise me that the OP and other CB operators in the U.S. have questions regarding the finer details of the inspection process.

And make no doubt about it: in the U.S., government intrusion into an area where an individual has a reasonable expectation of privacy - primarily his home - implicates the 4th Amendment. However, 4th Amendment rights can be waived by express or implied consent.

Do you have the citation for the case you mention? I'd be interested in reviewing it and reading the opinion. It should make for an interesting analysis of the "plain view" doctrine.
 
CB operators in the U.S. are required to read and become familiar with Subpart D of Chapter 95 (47 C.F.R . 95.401 et. seq.) Those regulations - even as amended - do not provide the kind of detail we have gone into in this discussion. It does not surprise me that the OP and other CB operators in the U.S. have questions regarding the finer details of the inspection process.

And make no doubt about it: in the U.S., government intrusion into an area where an individual has a reasonable expectation of privacy - primarily his home - implicates the 4th Amendment. However, 4th Amendment rights can be waived by express or implied consent.

Do you have the citation for the case you mention? I'd be interested in reviewing it and reading the opinion. It should make for an interesting analysis of the "plain view" doctrine.


My point was that since no formal license is required to be obtained by the operator the VAST majority never bother to read the regulations anyway. If they did they would have understood what the situation is regarding searches. As for the case I mentioned, no I don't. It was a couple years ago in an enforcement notice that was published.
 
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Also my pc and my cordless ph sits right next to my radio...and the radio has never bother them or the tv.
Back when I had a imax 2000 on a 20ft pole.....it used to turn my cd player on in the back room......but after I put both my antennas on towers a lot higher....I have never noticed any interference.
I limit my use. I collect vintage CB radios in pristine condition with no modifications.I have to run dipole inside as sometimes you become a target.I have several hobbies and CB is one of them.
 
I've a feeling you may be interested in cinema
as I am (Marx brothers?) To change the knock on the door subject. I'm gonna be selling several rigs as I'm thinning out my collection.
One I'm probubly gonna offer is a minty fs 2340. I really don't need the money as much as I'm bothered by not being able to use more than one at a time and don't display them.

I would like to see someone else enjoying it. Honestly I don't need the money and am not going to give it away.
I've seen the fs 2340's that have sold on eBay and the best one ever sold there except for the unused one in the box that sold for $2300 don't even come close to this one.
If by some small chance you might be interested let me know. Then give me a week or two and ill take pictures and a video and maybe we can get together on a price. It's not the one I use as my avitar / picture. That's the one I operate and although it's very nice it's no where in comparison to the one I want to sell.

This goes for anyone who may be interested. I would even consider a trade for something I don't have.
If that's something that tickles your funny bone as opposed to cash, cool.

The trade has to be minty and working 100% as the fs 2340 is. Later.
I limit my use. I collect vintage CB radios in pristine condition with no modifications.I have to run dipole inside as sometimes you become a target.I have several hobbies and CB is one of them.
 
Here is a great example:
The problem started long ago with guy was causing problems with the locals as well as sometimes running a large /dirty amp on his base station.
He was causing interference with a fire station located not far from his home, seems there was no interference when the amp was off, but when he turned it on it was.
The locals complained to the FCC, Police, city officials.....



Then in 2011:

http://www.arrl.org/news/view/fcc-issues-california-man-7000-forfeiture-order-for-refusing-fcc-inspection

Then again in 2012:
http://www.arrl.org/news/view/fcc-upholds-7000-forfeiture-order-to-california-cb-operator

"Background:

In March 2010, agents from the FCC’s office in San Francisco responded to a complaint regarding radio frequency interference within the radio communication system equipment of the Merced County Fire Department. The agents observed that transmissions on 27.165 MHz -- a frequency within the CB radio spectrum -- appeared to match the audio distortion received on frequency 154.4 MHz within the Merced County Fire Department’s audio receiver and speaker system. According to the FCC, this appeared to be audio rectification interference within the department’s receiver and speaker system. Audio rectification interference occurs when an electronic circuit -- usually an amplifier -- which ideally should respond only to audio frequency signals, responds to external RF signals. Typically, the circuit picks up signals from a nearby radio transmitter in addition to the sound the listener wants to hear.

The agents monitored the radio transmissions on 27.165 MHz and used radio direction finding techniques to locate the source of the signal and found it to be emanating Jones’ residence in Merced, California. A week later, the agents monitored frequency 27.165 MHz again and located the interference be coming from Jones’s residence. Later the same day, the agents approached Jones’ residence, knocked on his door, identified themselves as agents of the FCC and presented their official badges and credentials; the individual answering the door identified himself as Jones. The agents told him about the radio frequency interference complaint and asked him if he was the owner or operator of the CB radio station.

Jones acknowledged that he was the operator of the CB radio station, but denied causing any interference to the Merced County Fire Department. The agents then requested that they be allowed to inspect the CB radio station to determine the cause of the interference. Jones denied the agents’ request. The agents warned him that refusing to allow an inspection of a CB radio station is a violation ofSection 95.426(a) of the FCC’s rulesand Section 303(n) of the Communications Act; theyexplained that these rules require CB operators to make their stations available to authorized FCC representatives for inspection. Jones again denied the request and asserted that the FCC must have a search warrant to inspect his CB station. The agents advised him that he was required to take necessary precautions to avoid causing radio interference by operating at power levels that do not exceed legal limits and by refraining from using a radio frequency power amplifier.

Prior to leaving the premises, the agents issued Jones an on-scene Notice of Unlicensed Operation, expressly warning that refusal to allow inspection of his radio equipment violated Section 303(n) of the Communications Act and included the full text of Section 303(n). Jones refused to accept a copy of the Notice and the agents left the document on a chair near the front door of the house. The agents then left the premises, but continued to monitor 27.165 MHz and heard Jones describe the agents’ attempted inspection.

In August 2010, in response to a another complaint from the Merced County Fire Department, San Francisco agents again monitored 27.165 MHz and located the source of the interfering signal to a CB radio station operating from Jones’s residence. Later the same day, the agents -- along with two Merced City police officers -- approached Jones in his front yard, identified themselves as FCC agents and presented their official badges and credentials. The two Merced City police officers identified the man as Jones. The agents told Jones about the radio frequency interference complaint and requested that they be allowed to inspect the CB radio station to determine the cause of the interference. Jones denied the request, again admitting that although he was the owner and operator of the CB radio station, he was not the owner of the house and that he had to refuse the inspection. The agents explained that refusal to allow an inspection could result in a $7000 forfeiture assessment, and Jones said that he understood.

After further conversation with the agents and the police officers, Jones admitted to being the owner of the house. The agents again requested that they be allowed to inspect the CB radio station and reiterated that his refusal to allow an inspection of a CB radio station was a violation of Section 95.426(a) of the FCC’s rules and Section 303(n) of the Communications Act and subject to a forfeiture. Jones again denied the inspection request. The agents then gave him an oral warning and issued Jones a second on-scene Notice of Unlicensed Operation. He again refused to accept a copy of the Notice and the agents left the document on a wooden yard border and then left the premises. Two weeks later, the San Francisco Office received another complaint from the Merced County Fire Department stating that Jones had resumed CB radio station operation and interference within its radio communication system equipment had also resumed.

FCC Calls Jones’ Arguments “Irrelevant” and “Unpersuasive,” Says $7000 Forfeiture Is “Warranted”

Jones was given until April 9, 2011 to pay the $7000 forfeiture, or file a written statement by that date, seeking a reduction or cancellation of the amount. In his filing, Jones argued that he should not be subject to forfeiture because he had not seen a complaint from the Merced Fire department naming him as the source of the interference. “This argument is irrelevant to the investigation of Mr Jones’ violation of the Commission’s requirement that he make his CB station available to FCC representatives for inspection,” the FCC stated. “Neither Section 303(n) of the Communications Act nor Section 95.426(c) of the FCC’s Rules requires that a complaint be filed as a prerequisite for FCC representatives to inspect a CB station. There is no question that Mr Jones’ CB equipment was the source of the complained-about interference. The agents used direction finding techniques to determine that the source of the signal associated with the interference to the Merced County Fire Department came from Mr Jones’ residence. Mr Jones does not dispute that the San Francisco agents located the source of the interference to his house on three separate occasions.”

According to the FCC, Jones also alleged that the agents neither presented appropriate identification and nor gave him oral or written warnings: “We find Mr Jones’ allegations unpersuasive. As discussed above, consistent with practice, the San Francisco agents approached Mr Jones’ house, presented their government-issued identification to him and requested to conduct an inspection to determine if Mr Jones’ CB radio equipment was the source of the interference on frequency 27.165 MHz. With respect to whether Mr Jones received any warnings, the response itself includes copies of the two Notices left by the agents. Both Notices clearly state ‘agents of the Federal Communications Commission noted the following condition regarding the Citizen Band (CB) radio station located at [Mr Jones’ address]: Your refusal to allow a inspection of your radio equipment in violation of Section 303(n) of the Communications Act of 1934, as amended. You are hereby warned that refusal to allow inspection of your radio station constitutes violation of the Federal laws cited above and could subject the owner of this illegal operation to the severe penalties provide, including, but not limited to, substantial civil forfeitures, a maximum criminal fine of $11,000 and/or one year imprisonment, or arrest of the equipment for the first offense.’”

Jones, in his response to the FCC, also alleged that when the San Francisco agents requested an inspection on August 27, 2010 with two Merced City police officers, one of the police officers suggested that a warrant may be necessary. “Mr Jones provides no information to support this claim and we reiterate what the San Francisco Office stated in the NAL: Commission agents are not required to obtain a warrant prior to conducting a radio station inspection,” the FCC noted. “Accordingly, as a result of our review of Mr. Jones’ Response, pursuant to the statutory factors above, and in conjunction with the Forfeiture Policy Statement, we conclude that he willfully and repeatedly violated Section 303(n) of the Communications Act and Section 95.426(a) of the FCC’ rules, and we find that a forfeiture in the amount of $7,000 is warranted.”

Jones has until August 25, 2012 to pay the $7000 forfeiture.
It is now 2015 and Ira Jones was still on the air in merced, last time i was down there he was off on one of his rants.
He has not ceased operation and if you drive through that town today, I bet you can still find him talking on 27.165 daily causing hate and discontent.
Often I will hear him talking about how the FCC did not enter his house, will not enter his house, nor will they ever collect a dime of the $7000 that he has been fined, and it is all a plot to oppress him.

He goes by Falcon on the radio down there, drop by some time and say hello to him.
The problem with that guy started long before the first visit by the FCC in 2010, and the guy has been a thorn in every CB operators side down there since the 90`s.

I am not defending the guy at all, but one would think that if the Agency had any bite in it rules surely they could have stopped this guy.

For sure the guy is a NUT CASE and if he would have stopped using his Amp the first time the FCC showed up at his door he most likely would not have heard from them again, but he refused and kept on keeping on.
It is now 4 years later......
The Fire department solved there interference problem with updated radio gear, shielding , at the county's expense.


Draw your own conclusion.

73
Jeff
 
I am not defending the guy at all

Yes you are...

He goes by Falcon on the radio down there, drop by some time and say hello to him

by encouraging people to be nice to the guy and say hello or are you being facetious?

if the Agency had any bite in it rules surely they could have stopped this guy.

Aint it the truth!

For sure the guy is a NUT CASE and if he would have stopped using his Amp the first time the FCC showed up at his door he most likely would not have heard from them again.

Now that's worthy advice people should take note of.
 

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