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Fourth Amendment rights Update

Update: The FBI Stole

Government agencies that “fight crime” too often engage in criminal behavior to do so. 

In June of 2021, Common Sense with Paul Jacob reported on an FBI operation that raided safe deposit boxes.

In March, the federal government conducted a raid of a safe deposit box company called U.S. Privacy Vaults. The government accuses the company of abetting drug dealers.

The government accuses the box renters of . . . nothing. But DOJ is trying to use civil forfeiture laws to retain most of what it seized during the raid: some $85 million in cash and valuables.

In August of 2022 Paul returned to the case, wondering whether FBI agents would themselves see justice:

The plot’s been foiled, it appears, but will the culprits within the FBI be prosecuted?

Seems unlikely.

Truth is, the culture at the FBI has never been good. Barring defunding (which would be politically difficult) perhaps FBI agents should be restricted to just investigation, stripped of their weaponry, forced to rely on state and local lawmen — and perhaps the U.S. Marshals — to make any searches and arrests at all. 

In October, the courts failed to back up the Constitution regarding searches and seizures in this case.

Now, according to The Epoch Times, a federal court has indeed found cause to reprimand the FBI and the lawyers that defended the agents who had — without cause — searched all of the safety deposit boxes: 

“We note that it is particularly troubling that the government has failed to provide a limiting principle to how far a hypothetical ‘inventory search’ conducted pursuant to customized instructions can go,” Judge Smith said.

Many of the plaintiffs have already had their belongings returned by the FBI but pressed forward with the case for an opinion in their favor.

The ruling remanded the case back to U.S. District Judge Robert Klausner, who previously dismissed the case, for a ruling that directs the FBI to destroy records the bureau collected on the box renters who are members of the class-action case.

The opinion “draws a line in the sand, to ensure something like this never happens again,” Rob Johnson, a senior attorney with the Institute for Justice, which was representing the plaintiffs, said in a statement. “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.”

It took several years, but apparently justice in this case is finally approaching, and the Federal Bureau of Investigations has been reminded that its powers are limited. By our rights.

1 reply on “Update: The FBI Stole”

Justice is not approaching. Exactly zero of the thieves in the FBI will be criminally charged, so none will be convicted. I doubt that any will face so much as dismissal.

At best, stolen property will be returned. Far more likely, some of it will not, though victims will be given pecuniary compensation.

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