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Federal Appeals Court Slams FBI’s Actions In Security Deposit Box Raid


Ninth Circuit panel unanimously orders FBI to destroy records it created during searches of US Private Vaults boxes

 

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.”

 

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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.”  

 

https://ij.org/press-release/federal-appeals-court-slams-fbis-actions-in-security-deposit-box-raid/

 

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As a black Democrat, I always believed in the justice system and never knew how corrupt and biased it is if you happen to belong to the wrong political party or if you belong to a disfavored group. 

 

I never thought I would witness the total weaponization of the justice system against perceived political enemies. I believe this has happened because colleges and universities stopped training professionals and started recruiting activists. Activists can never be neutral because neutrality is not one of their values.

 

 

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You're incredibly naive, if not stupid, to think Dems will not vilify any Republican.  Hell they were going after Nikki...until they learned a billionaire Dem was backing her and many Dems voted for her in the NH primary...

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NEW: With DC trial at a standstill, classified docs case in Florida continues its slog.

 

Judge Cannon to hold sealed hearings next week to determine which classified discovery Trump and co-defendants can access to prepare for trial. Smith wants to keep a massive trove of material away from Trump and his co-defendants; defense counsel wants it. Cannon held a 3-hour hearing last week with Jack Smith's team to discuss his opposition:

 

 

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