Posted on 01/24/2024 6:49:34 PM PST by george76
Ninth Circuit panel unanimously orders FBI to destroy records it created during searches of US Private Vaults boxes..
PASADENA, Calif.—This morning, a 9th U.S. Circuit Court of Appeals panel unanimously ruled against the government in a long-running class action lawsuit from the Institute for Justice (IJ) on behalf of people who rented security deposit boxes at US Private Vaults. The decision slammed the FBI for overstepping its authority when it opened up hundreds of renters’ boxes, conducted criminal searches of them all, and attempted to permanently keep everything in the boxes worth more than $5,000, all without charging any box renter with a crime.
“Today’s opinion draws a line in the sand, to ensure something like this never happens again,” said IJ Senior Attorney Rob Johnson. “If this had come out the other way, the government could have exported this raid as a model across the country. Now, the government is on notice its actions violated the Fourth Amendment.”
Judge Milan D. Smith, writing for the court, likened the FBI’s actions to the abuses that motivated the Bill of Rights: “[T]he government failed to explain why applying the inventory exception to this case would not open the door to the kinds of ‘writs of assistance’ the British authorities used prior to the Founding to conduct limitless searches of an individual’s personal belongings. It was those very abuses of power, after all, that led to adoption of the Fourth Amendment in the first place.”
“We knew that what the FBI did to us and so many others was wrong and today’s decision is a validation,” said Jennifer Snitko. “It took courage for Paul and I to be among the first people to stand up publicly and call out the government but we are proud to have fought for our rights. This is a good day for our country and the principle that the government’s power to search our property has limits.”
For years, the FBI and Department of Justice (DOJ) insisted that they did nothing wrong at US Private Vaults. Even though the warrant authorizing the raid only permitted the FBI to open boxes to identify their owners and safeguard the contents, agents rummaged through hundreds of boxes, ran currency they found in front of drug sniffing dogs, and made copies of people’s most personal records. The DOJ then filed a massive administrative forfeiture claim to take more than $100 million in cash and other valuables, again, without charging any individual with a crime.
“The government promised the magistrate that it would not conduct a criminal search or seizure of the boxes,” said IJ Senior Attorney Robert Frommer. “After years of litigation, today’s opinion shows that not to be true. The government lied to justify its forfeiture scheme, and in the end the lie was its undoing.”
“Slams” Hardly a legal term. If nobody goes to prison, a slam is as real as praise. They mean nothing in a legal case.
slams, no prosecution of the people involved just, slams
FBI = Felons, Burglars, Insurrectionists.
I'm shocked.....SHOCKED I TELL YA! ...... /sarc
Well.... if they are forced to destroy all the records, how is anyone going to prove what the FBI stole ?
Organized government and organized crime are merely 2 sides of the same coin.
When the government ran the Mafia out of the liquor and drugs business so they could run it themselves, the Mafia went into politics and law enforcement and the DOJ.
It wasn’t the “FBI”
The order was given by a single person. That person has forfeited his (her) right to life.
Which means that the FBI guys get to keep the stolen items, and the TAXPAYERS will have to reimburse the original owners.
What should be done is to take any reimbursements and legal fees out of the BUDGET for the FBI.
Is that because you think they PAID that much for the collection? That you think they have too much disposable income and therefore must be guilty of something ?
Everything EXCEPT for what they declared as LOST. Accidents happen on the way to the evidence locker.
This worries me because I use a private vault to store things when the wife and I go on vacation. It works great and is cheaper than a lock box at our bank (if they had one big enough for my stuff available ).
The last time I used it, I asked the owner about this FBI raid. He said he does background checks using information from the rather lengthy application form, but then ended up saying the FBI can do pretty much anything it wants to.
The people will not get their property back, because the people conducting the crime were just common criminals with government credentials.
What, exactly, do you wonder? I easily have more than $5k in my safe deposit box.
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wow. really? do unicorns crap out skittles on your planet too?
I wonder about people who keep coin collections worth more than$5k
= = =
Might be just two $20 gold pieces.
Rherorical question
“We also must create a campaign to revoke qualified immunity for federal agents, judges and prosecutors.”
Simple solution. States give all residents qualified immunity when dealing with the federal government.
In reality, probably not. The government will have made copies of copies. But the principle is important.
The government should not be able to riffle through your stuff without a warrant.
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