On Wed, 22 Sep 2010 15:03:15 -0800, Bruce Gordon wrote:

In article ,
richard wrote:

Not in my house. Without my permission to enter they would have to obtain a
search warrant served by an actual officer of the law.
They are private citizens. They have no authority.
When the FCC makes a bust, they do so with the local cops who do the actual
charging.

Simply by the fact that you own an RF device does not legally grant them
entry. An inspection is not probable cause to enter without a warrant.

I'm sure some have been busted for illegal radio uses and fined but that
was only because the judge wasn't educated on the subject.

After all, just how many inspections can a handfull of people do?

Actually NO, the FCC would bring a Federal Marshal with them to do the
Heavy Lifting, in such a case. The FCC Field Agent does NOT have Police
Powers and therefor requires the Federal Marshal to do the arresting, or
if it is a on a boat or Marine vessel, they would get a USCG Officer.
they would only use the local Police, if no Federal Marshal was
available, and the need was critical, and urgent.

A reTired FCC Field Agent... who has called on both the Federal Marshals
and USCG, to provide the Muscle on various occasions.

The question is, can an FCC inspector legally enter a home on the ruse to
inspect an RF device, with the home owner forced to comply?
Not in my house you won't. I don't give a damn how many marshals you got
with you. No search warrant, no entry. The court would side with me.
If the lower court sided with you, then I'd have to take the issue to a
higher court before you got a dime.

See the 4th amendment. "Citizens have the right to be secure in their
home....".

Would you allow a cop to enter your home because he wanted to see if you
had any drugs with no search warrant?
This is precisely why we have the 4th amendment.

In rec.radio.scanner richard wrote:

The question is, can an FCC inspector legally enter a home on the ruse to
inspect an RF device, with the home owner forced to comply?

Yes.

Not in my house you won't. I don't give a damn how many marshals you got
with you. No search warrant, no entry. The court would side with me.
If the lower court sided with you, then I'd have to take the issue to a
higher court before you got a dime.

I don't think they care anymore, if you don't let them in they will just
file a "notice of liability" or something near those words, fine you $25,000
and let you beat your head in court defending yourself.

The FCC was granted power to do this, like it or not.

-bruce

On 10/15/2010 08:46 AM, radioguy wrote:
What happened to our constitutionally-guaranteed 4'th amendment
rights?????

the 4'th amendment didn't do any good for the Cuyahoga County, Ohio
officials who were recently arrested by the Feds on their own private
property, some of whom had signs saying "no trespassing allowed".and
"no guns allowed on the premises"

You might want to get an adult to Google "arrest warrant" for you.

Jeez, you're a waterhead.

In article
,
radioguy wrote:

What happened to our constitutionally-guaranteed 4'th amendment
rights?????

the 4'th amendment didn't do any good for the Cuyahoga County, Ohio
officials who were recently arrested by the Feds on their own private
property, some of whom had signs saying "no trespassing allowed".and
"no guns allowed on the premises"

The Feds recently arrested most of the Cuyahoga County, Ohio
government at thir own private homes on their own private property for
"corruption".

And no, they did NOT use the local Cuahoga County police to make the
arrests (as another poster said they have to).

Because they determined the local Cuyahoga County police are also
corrupt and the feds also arresteed the deputy, along with other
police officials.

And no, the Cuyahoga County judges did NOT rule against the feds (as
the other poster said they would by law have to)

Mainly because the feds also decided the local judges are also corrupt
and arrested both judges,

to haul them off to prison also.

"There goes da judges. There goes da judges"

Apparently Mr. Radioguy has never excictuted heard of a Federal Warrant
for Arrest, under Federal Law, served by US Marshals, who by their
charter, have jurisdiction ANYWHERE in US Territory.... A US Marshal is
the very LAST fellow you want after you, because he/she has CartBlanc in
locating you, and serving the warrant that he/she is operating under.
You NEVER mess with a US Marshal, PERIOD....

"you" wrote in message
...
In article
,
radioguy wrote:

What happened to our constitutionally-guaranteed 4'th amendment
rights?????

the 4'th amendment didn't do any good for the Cuyahoga County, Ohio
officials who were recently arrested by the Feds on their own private
property, some of whom had signs saying "no trespassing allowed".and
"no guns allowed on the premises"

The Feds recently arrested most of the Cuyahoga County, Ohio
government at thir own private homes on their own private property for
"corruption".

And no, they did NOT use the local Cuahoga County police to make the
arrests (as another poster said they have to).

Because they determined the local Cuyahoga County police are also
corrupt and the feds also arresteed the deputy, along with other
police officials.

And no, the Cuyahoga County judges did NOT rule against the feds (as
the other poster said they would by law have to)

Mainly because the feds also decided the local judges are also corrupt
and arrested both judges,

to haul them off to prison also.

"There goes da judges. There goes da judges"

Apparently Mr. Radioguy has never excictuted heard of a Federal Warrant
for Arrest, under Federal Law, served by US Marshals, who by their
charter, have jurisdiction ANYWHERE in US Territory.... A US Marshal is
the very LAST fellow you want after you, because he/she has CartBlanc in
locating you, and serving the warrant that he/she is operating under.
You NEVER mess with a US Marshal, PERIOD....

Radioguy knows that. He is simply hoping to stir somebody into replying to
his inane posts.
Ignore him.