This is for our US cousins – and, if anyone knows the law in Canada and other Western countries on this, I would appreciate the info:
Apparently, the FCC has the right to enter and search/inspect – without a warrant – any private home where RF devices are in use.
You know, like radio, garage-door openers, wireless router for your internet…even cordless phones, burglar alarms or baby monitors…
‘It would appear that a never-challenged, little known law from 1934…You may not know it, but if you have a wireless router, a cordless phone, remote car-door opener, baby monitor or cellphone in your house, the FCC claims the right to enter your home without a warrant at any time of the day or night in order to inspect it.’
…
‘The FCC claims it derives its warrantless search power from the Communications Act of 1934, though the constitutionality of the claim has gone untested in the courts.’
…
‘But refusing the FCC admittance can carry a harsh financial penalty. In a 2007 case, a Corpus Christi, Texas, man got a visit from the FCC’s direction-finders after rebroadcasting an AM radio station through a CB radio in his home. An FCC agent tracked the signal to his house and asked to see the equipment; Donald Winton refused to let him in, but did turn off the radio. Winton was later fined $7,000 for refusing entry to the officer.’
…
‘But if inspectors should notice evidence of unrelated criminal behavior — say, a marijuana plant or stolen property — a Supreme Court decision suggests the search can be used against the resident.’
So, let’s get this straight…
- The FCC’s agents can enter any private property where they have a reason to believe someone is using any RF device.
- Denying the agents entry is illegal
- While the agents are on the private property, they are empowered to search it for RF devices and inspect the devices
- If they uncover any evidence of ‘illegal activity’ of any kind, they can collect the evidence
- This evidence can be handed over to police and can be used to prosecute the resident
Ah!
So, the US is not becoming a ‘police state’ – it is much too sophisticated for that! Instead, the police use minions and sidekicks to do their ‘dirty work’ and remain beyond criticism…
Sweet!
Hat tip: Dvorak Uncensored
