FCC can search homes without a warrant?

[5959]

I just checked his history.
He has none.
Obviously a troll.

Hey fuzznut/fuzzbut.
Wanna man up and discuss issues ? Wanna hide behind profiles ?
Are you an elmer who will kill me on rf issues or a bs artist who will run back to overpowering your repeater ?

This issue boils down to the right of free speech, self incrimination and and whether you own your property.

A few freetards actually paid for their land.

Should you have the right to take away my property because I chapped your ass ?

I think your type of thinking is communist, you determine what I can do.

I do not freeband but if I did, you cannot determine if it is okay ( in your opinion ).

Please tell me how my thinking is wrong.

Ever met a cop that can tell the diff in a 29 and a 33 ?

 

[Sonwatcher]

I think the misconception is that they do not need a warrant to just come into your home. The only way that can happen is if you give consent . If permission is not given, yes they can get a warrant or fine you .But you still have the right to deny access without one. In the long run the outcome may be better if you let them look at the station or problem device . From what I have gathered from reading NAL's is that once a complaint is given and have looked at any evidence gleaned from external means ( outside the station ) they usually send a letter giving opportunity for you to correct the problem and send in a notarized statement of what you did to correct the problem . And even with operating an Amateur station or CB with implied consent for allowing your station to be examined you still have the right to not allow entry without a warrant . Even though it may have bad consequences that right is still present . And kr4ey since you have your Advanced ticket I would presume you would know this. And as far as your "Typical CB mentality" remark may I remind you that although the forums look quite similar in layout this is not QRZ .

 

[ButtFuzz]

I just checked his history.
He has none.
Obviously a troll.

Hey fuzznut/fuzzbut.
Wanna man up and discuss issues ? Wanna hide behind profiles ?
Are you an elmer who will kill me on rf issues or a bs artist who will run back to overpowering your repeater ?

Do what? Man Up? Look, man... I don't care what you do/say/think. I just think that most of what people argue is pointless. YOU do what you do... I do what I do. As far as being an "elmer"... ARE YOU KIDDING ME?

I think YOU may be the troll trying to get me fired up... but no, it won't happen... All I do all day is make fun of EVERYONE... CBRs, Hammies, Freetards, Wintards, etc. I am an equal opportunity spreader of hate and disconent!

Matthew 7:5, KJV dude:

"Thou hypocrite, first cast out the beam out of thine own eye; and then shalt thou see clearly to cast out the mote out of thy brother's eye."

Oh, happy day...

 

[C2]

if you refuse to allow inspection, and if you then get a fine, what is the fine for?

refusing inspection or for whatever other offense they were trying to inspect for?

 

[Sonwatcher]

I think before it comes to the point for an inspection there has already been evidence obtained in other ways that would bring them to that point. I believe a refusal leaves them with basing their fine on the evidence that has already been obtained as well as refusing station inspection if Amateur or CB because of implied consent with its use .

 

[ButtFuzz]

Summation and commentary...

The original question was:

FCC can search homes without a warrant?
And the answer is:

NO. Not unless YOU let 'em in.

HOWEVER, just like every other thing, YOUR actions bring about consequences... They (the FCC) can come back later WITH a warrant, or use their "RF Evidence" to issue you the equivalent of a "cease and desist" letter which can later escalate to, or may already be accompanied by a "Notice of Apparent Liability" in which you can have your arse fined heavily.

Just like life, how you handle the situation is completely up to you, so no more colorful comments about how someone/thing/device is impinging upon your "freedoms".

To all y'all (yes, I'm southern) who get the "I'm gonna get me a shotgun and kill every Whitey I see..." (apologies to SNL and Eddie Murphy) attitude everytime some revenuer shows up on your front porch: Seek counseling immediately. The Constitution does not guarantee you the right not to be inconvenienced on occasion.

Oh, one more jab: To those offended by my "FreeTard" comment earlier... Google is your friend. It has NOTHING to do with CBR's or Freebanders, and everything to do with the Free Open Source Software (FOSS) movement. I was making fun of the hammie, NOT defending him... FREETARD. FOSSTARD. LINTARD. Yikes, people... leave your basement for a change...

 

[ColdRolledGold]

The FCC's power extend beyond the Fourth Amendment’s protection against unreasonable search and seizure?

The FCC says, "Whether you operate an amateur station or any other radio device, your authorization from the Commission comes with the obligation to allow inspection".

read it all:
Raw Story FCC can search homes without a warrant, agency says

they try that shit here............they better be wearin' kevlar!!

 

[Blue Jay]

I say if you are running legal why worry, invite them in for a cup of coffee. If you are not legal time to pay the piper.

 

[Shioda]

I say if you are running legal why worry, invite them in for a cup of coffee. If you are not legal time to pay the piper.

They aren't going to knock on your door unless there is a problem, wether you are aware of the problem or not. Generally, nothing good can come of letting any government employee into your house. The laws are so vague that if the government wants to get you on something, they can. Don't be naive about the government.

 

[74IN]

Does the constitution allow for the IRS ?

No it doesn't. It's a direct tax and not apportioned. This is forbidden in The Constitution. I could go on and on about it, showing how the 16th Amendment wasn't properly ratified (The Law That Never Was -- The Fraud of Income & Social Security Tax -- Home) and the "voluntary" nature of it (Original Intent Treatise - Constitutional Issues of Taxation).

But the reality remains, don't pay and bad things happen. We can't break the law, but they have men with guns that say that they can.

I say if you are running legal why worry, invite them in for a cup of coffee. If you are not legal time to pay the piper.

Typical "If you have nothing to hide" mentality. Guess what ? I have nothing to prove.

How do they know where I live? My ticket is a PO Box. I also operate in my vehicles. They can inspect them the same way a LEO can, look through the window.

Bravo to Mole and others for the defense of the Fourth Amendment. Tyranny is stopped by a simple "NO!" and we are better for it.

 

[KingCobra_CDX882]

if you refuse to allow inspection, and if you then get a fine, what is the fine for?

refusing inspection or for whatever other offense they were trying to inspect for?

SonWatcher is right in his answer

 

[C2]

basing their fine on the evidence that has already been obtained as well as refusing station inspection

COOL! you get slapped for both offenses...

 

[C W Morse]

if you refuse to allow inspection, and if you then get a fine, what is the fine for?

refusing inspection or for whatever other offense they were trying to inspect for?

SonWatcher is right in his answer

The refusal.

Because the rule (Part 95 in the case of CB) states that you MUST allow inspection of your station. If you don't want to allow the inspection, then don't operate the station! Operating a radio station is NOT a "right". It is a privilege accorded to citizens by permission or a license. Same as driving a car. So if you refuse to allow an inspection, then you are being fined for that refusal. If you just allow the inspection, the chances are the fine(?), or lack thereof may be less than if you had just gone ahead and allowed the agent in. When you REFUSE, then you are merely confirming to the agent what he already knows: you've got something to hide. ALL radio stations---broadcast, marine, commercial, CB and ham---carry an inspection requirement.

CWM

 

[Peddler]

It's really too bad all this HATE ENERGY couldn't be put to a real productive use...:headbang

 

[C2]

Now I'm confused.

Is there a separate, chargeable offence for refusing inspection?

For how long am I bound to allow inspection after operating said station?

Are there any questions that the agent must answer, assuming I ask them, before I am bound to a required inspection, such as what he is looking for or what offense is he investigating?

BTW, even though driving is nto a right, the courts have shot down a police officer's right to search a vehicle without a warrant, even when it's for their own safety. They can impound the vehicle and obtain a warrant, however.

But there is a lot of conflicting information floating around, as is usuall.