Once again, CB Operator Mistakenly refuses Inspection!

[Peddler]

Contrary to what others are saying here, you do not have to allow a CB inspection if asked.

FCC rules Part 95 Rule 26;



RULE 26 - FCC Inspections {A} If an authorized FCC representative requests to inspect your CB station, you must make your CB station and records available for inspection.
{B} A CB station includes all of the radio equipment you use.

 

[C2]

How about the FCC gather evidence, present it to a judge to obtain a search warrent...

Then wait outside his house until he starts keying up, then bust down the door and let the dogs loose and blast anything that moves...

Just like the DEA!

Problem solved, permanently...and I bet once word gets around, the band would be nice and cordial.

 

[chipotle]

Warning: If a field officer asks your permission to search, you are under no obligation to consent. The only reason he's asking you is because he doesn't have enough evidence to search without your consent.

I agree 100% that the law says you must allow your shack for inspection. But read on and you will fail to see any language that authorizes the field officer to force the search if you refuse. Read even further on any the only recourse for refusal to allow an inspection is punishment. Warrentless searches (with very few exceptions) are illegal and any evidence collected at the illegal search is excluded from trial under the "exclusionary rule" thereby rendering the evidence collected at the search worthless to the prosecutor. The number one defense for drug possession is warrantless searches.

This CB inspection law is similar to a health inspection law for a restaraunt or OSHA inspection for workplace safety. While not usually a good idea to refuse an inspection, employers have the right to refuse permission for OSHA to come onto a worksite unless the compliance officer presents a valid warrant.

Camara vs. Municipal Court of San Francisco--This landmark 1967 US Supreme Court decision laid the groundwork for many court decisions regarding property rights that have followed. The court held that a San Francisco ordinance allowing warrantless inspections in nonemergency situations was unconstitutional, that the renter therein did indeed have the right to refuse warrantless inspections of his apartment by a city inspector, and could not be prosecuted under the ordinance for doing so. The right to refuse a warrantless search of one's home in nonemergency situations has been reaffirmed many times--see, for example, this 1999 Philadelphia case.

 

[C W Morse]

That was going to be my next question! Isn't it "funny" that so long as I am doing something wrong, I should be left alone! If I invade somebody's home, then i think I should get away with it because *I* think I am somehow special. But woe be unto those that commit an offense against ME! I am the first one to scream bloody murder, claim an outrage, and expect the law to protect ME!
So it is with those to whom, somehow, a microphone causes one to morph into some sort of a radio rambo like a werewolf under a full moon! They've never read any rules governing
radio..............BUT they sure is an expert on "rights".

What we DON'T want to admit is, if it werent for laws, rules, regulations, even the radio rambos wouldn't be able to talk for the free-for-all that would ensue! :roll:

CWM

 

[C2]

Before a field agent can enter my shack, it must undergoe a complete sanitisation procedure and cavity search, for its own safety, of course.

Or I just show him a 300 page, 6pt entrance disclaimer to agree to, and it will be displayed on a 640x480 monochrome, which he can't take with him.

I'm starting to think that the worst that they can do is forbid my privelage of future operation. Otherwise they would need to charge me of breaking a rule.

What if the FCC changed the rule to require you to be subjected to a cavity search when requested by an FCC agent? Exactly how do you draw the line then? I'm just asking to find out where are the lines. What if their stipulation is that you must submit to a radio inspection and disembowelment at the request of an FCC agent. Does that fly because you agree to it?

If you going to answer the question, then why not?

 

[SmackDown]

they won't force their way in..either you allow access or shazam !!! you're fined. now if you comply you may just get an earful and a warning but non-compliance will exact something detrimental to your wallet 100% of the time... they will never attempt a forced entry, they're on the clock and if you let them in, good, if you don't let them in, good (as far as they're concerned)

 

[chipotle]

I am with CWM get rid of search and seizure laws. Law enforcement should have unfettered rights to inspect any house it suspects may have criminal activity within it. If law enforcement suspects you are engaging in criminal behavior, than they should be able to bust into our house without just cause, a simple police "hunch" is good enough. Who needs the courts to issue warrants, they are a waste of time and money.

If they are wrong and you are innocent, than you should feel proud that they fondled your wife checking for illegal substances. It was her proud civic duty. There should be no laws against random searches of people cars and homes. If you look like a gangster, the cops have every right to search your body for weapons. As long as you are not breaking the law than who cares if lf law enforcement busts into your house at 2 a.m.. You have nothing to hide. We should do away with all limitations on searches. It works in Iraq where the military routinely bust into the house and if no terroists are in there, they apoligize (after molesting your daughter), and move on to the next house. Its not that traumatizing to have armed men ransack your house, your children and wife will get over it, and besides, its for a good cause. No need to get a warrant. Other countries work fine with random home, car and body searches. Again, if you are not breaking the law no worries. All you will loose is your broken down door, and your house turned upside down. These can be fixed for a small charge. Rightz against unreasonable searches suck. What idiot founding father ever came up with such a stupid idea. All these rights to freedom of speach, rights to have a lawyer present, Miranda rights, rights to a jury trial are all for sissies. Trust in your government, they know what is right. Look at our present government, they haven't made a mistake yet. These so called constitutional rights are for the birds.

I am tired of everyone claiming they have rights to be let alone.

 

[C2]

Naw, you have it all wrong. That is not what the FCC is doing...

It's more like this. If law enforcement sees you driving around little kid schools and looking at little kids around the neighborhood, they might suspect you are a child molestor and have kiddie porn inside, so they want to take a look...

They knock on your door and ask to inspect your PC and look in your drawers, but you refuse.

Since they don't have a warrent, they arrest you for refusing to allow an inspection of your premisis, which IS now a violation of law. They won't look because they can't do that, but you get life in prison, the mandatory sentence for refusing to allow an inspection.

Cops already do that when they want to search your vehicle. If you refuse, they arrest you and impound your car. It always goes down that way.

 

[CHARLEYMARBLES]

I find it FUNNY that everytime someone brings up a VALID argument about rights C.W. is offended? C.W. you don't get to cherry pick what rules are to be enforced if you want the rules to protect you then you have to accept the ones that don't help your side of the argument as well. ALL C.B. opps. that break the rules understand that they face the RULES and some of us are ok with that, but if you are going to come after me with rules you damn well better be PLAYING BY THE RULES wrt your prosecution. Fair IS Fair after all


Chuck

P.S. I belive it was Ben Franklin that said "those who would give up liberty for security deserve neither liberty nor security" just something to think about

 

[Peddler]

This thread is like a dog chasing its tail...

Guess what...it's over.