Friday, May 29, 2009

[Warrantless Search Of Your Home] "...any time (day or night) without a warrant..." Huh! Ya not serious are ya?

From Politics Alabama

This isn’t an academic question or a scholarly query for education concerning the 4th amendment. Most people would say that, barring exigent circumstances, warrantless searches of your home are unconstitutional. Would you say that?

You would be wrong… sort of.

In your home, do you have a wireless router, cordless phone, remote car-door opener, baby monitor, or cell phone? If you do, then the FCC claims the right to enter your home at any time (day or night) without a warrant in order to inspect it.

“Anything using RF energy — we have the right to inspect it to make sure it is not causing interference,” says FCC spokesman David Fiske. That includes devices like Wi-Fi routers that use unlicensed spectrum, Fiske says.

Granted the right hasn’t been exercised much and hasn’t been tested in court, but they do claim this power.

You see, the Communications Act of 1934 supposedly gives them this power, though the Constitutional issues of warrantless searches of homes hasn’t yet been tested in court.

Those of you tempted to blame PresBo for this, not so fast. This has been the official FCC policy for many years, it’s just recently become public knowledge. They can show up at any time and demand entry. If you refuse, you are subject to massive fines totaling thousands of dollars.

It is a policy that is blatantly unconstitutional, and runs contrary to everything this country is supposed to stand for. Now that it has become public knowledge, PresBo needs to instruct the head of the FCC to scrap the policy in favor of something more likely to survive Constitutional muster.



Bob said...

I wonder where they get this authority to come into your house without a warrant. It says "This has been the official FCC policy for many years" but that does not mean it is legal.
I am an amateur radio operator and maybe somewhere in the agreement I have I have given them that right but I don't know that I did.

Anonymous said...

Did you read this?

Did it help?