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.