Circuit Boards + Soldering Iron == Terrorist?
Search and Seizure asks: "This week, the local police contacted one of my co-workers and informed him that they had been contacted by the FBI who requested that they investigate his apartment. According to the police, while his apartment repair staff were checking his smoke alarm, they had noticed suspicious looking items in his kitchen and had called the FBI because they suspected that he might be a terrorist. What do you do when your landlord suspects that you might be a terrorist and reports you to the FBI?" If the law comes a-knocking, always remember that you can politely ask for a warrant.
"The police officer went on to explain that my co-worker had two choices:
1) Let the local police take a look and explain what the 'suspicious' items were for.
2) Don't let the local police in. The police will let the FBI know, and they will use 'Homeland Security' to come in and do a full search.
He opted for the less drastic choice, and showed the officer the digital camera guts, his in-progress circuitry to take automatic pictures, the tethered balloon that he was going to hook them up to so he could take overhead pictures, and the beer keg that he used to store his beer.
The police officer accepted his explanations and it appears to have turned out okay, but the whole situation is a little disturbing.
What rights do we have to experiment and create in this age of paranoia?"
1) Let the local police take a look and explain what the 'suspicious' items were for.
2) Don't let the local police in. The police will let the FBI know, and they will use 'Homeland Security' to come in and do a full search.
He opted for the less drastic choice, and showed the officer the digital camera guts, his in-progress circuitry to take automatic pictures, the tethered balloon that he was going to hook them up to so he could take overhead pictures, and the beer keg that he used to store his beer.
The police officer accepted his explanations and it appears to have turned out okay, but the whole situation is a little disturbing.
What rights do we have to experiment and create in this age of paranoia?"
Well, the guy was still able to carry on "experimenting and creating", so his rights to do so weren't violated. This rights haven't changed.
Privacy rights however are obviously something completely different, and 'in this age of paranoia', your right to privacy is one of the first victims.
What is intetersting about this is that the FBI asked him anything. They have the ability to perform a sneak-and-peek search without the need to show a warrant beforehand and they can also have the search happen and show the warrant much later. It seems strange that they would call ahead of time and give the suspect time to dispose of any incriminating evidence. The whole thing is odd.
Maybe it's more complex than that. Maybe the people their targetting are generally selectively chosen based on race and religion. Maybe the people being targetted are being detained without their rights being recognized. Maybe these are people who are never getting into the position where they CAN fight it all the way to the supreme court. Maybe their citizenship is dubious or new, maybe their interaction with the larger mainstream society is such that they are not yet familiar with the way things can work. Maybe it costs a lot of freaking money to fight it all the way to the supreme court. I don't know, I'm just throwing some possibilities out there--because it seems like what you are talking about is easier said than done.
Just like zero-tolerance policies in schools, when a person puts themselves into a situation where they are governed by idiots (in this case, an idiot landlord or idiot repair people), just living their ordinary life becomes a risk.
E.g.: "Oh dear, little Johnny boy brought nail clippers or Advil to school, so we just have to punish and expel the bastard for his evil deeds. May little Johnny boy burn in eternal hell for wanting to be well groomed."
Vote in November. You won't regret it.
The USA PATRIOT Act is not unconstitutional. Maybe sections of it are but the whole thing is not. If you were to go to court on an issue revolving around the act more likely than not the courts would rule only on the section that deal with your particular problem not on the whole act. Courts tend to keep their decisions limited in scope and will only rule on the particular facts of the case at hand unlike a legislative body that passes laws that have a much more broad application.
This is of course a generalization. Sometimes courts will decide on more general issues but it is ussualy done when the legislatures have avoided -most of the time on purpose- dealing with the issue themselves.
Slashdot Is Not A Law Firm. ;>
.. pointed at me, was when I walked across the Peace Arch crossing from Canada to the US.
The US is a rogue state, with a military police mentality running everything, along with paranoia and hysteria rampant. The terrorists won a long time ago, and all that's happening now is that the US has to live in the bed it's made by not going through resistance to the crazy, right-wing that dominates everything.
If this example shows anything, it's that there needs to be another American revolution, one which breaks up the Union into a set of smaller unions where the federal government isn't so separated from the people as to allow these constant abuses of the original US constitution. I like a strong federal government as much as the next person, but only in the cases where it makes sense (such as actually instituting proper public health care), not in cases where people have their landlord call the fucking FBI on them.
--
Internet Explorer (n): Another bug -- that is, a feature that can't be turned off -- in Windows.
I am 26 years old, have lived in the US my entire life, and have never had a firearm of any kind pointed at me. That said, were I crossing a border into another nation, say mexico, there is an understanding that firearms might be present.
As for having the rifle pointed *at* you, I strongly suspect that you are exagerating, or made one of those hilarious jokes that security folk love so much, like "Look out for the bomb in my luggage."
If you're curious why America is so "militant", it's because not too long ago, over 3 thousand people died in an attack that destroyed more commercial space then exists in all of San Francisco. Ask yourself how you might feel if, oh, say, downtown Ottowa was utterly leveled.
I'm no fan of certain clauses of the patriot act, including the allowance for feds to search property without presenting a warrant. But to suggest that there is no reason for this, other than to create a militant police state ignores facts which are fully in evidence.
But I forgot, that I'm not allowed to cite the events of September 11th, because doing so makes me a Jingoist. Curse our surly, greedy, unrefined society!
"Inattention makes clowns of us all" -Bean
Maybe it's more complex than that. Maybe the people their targetting are generally selectively chosen based on race and religion.
You hit the nail right on the head. Maybe the poster's co-worker was muslim, or had features similar to those of middle-eastern origin.
Circuit boards and soldering iron doesn't sound threatening (can't really form a full opinion without hearing all parts), but given today's state of mind, his appearance might have tipped the repairmen's resolve to report him.
No sig
If "your friend" hasn't done anything, "he" shouldn't have anything to worry about.
You aren't doing anything illegal when you go into the bathroom to take a dump, so you have nothing to "worry about" if the FBI wants to send agents in to watch you. You aren't doing anything illegal when you dress up like Tinkerbell and prance around your house, so you shouldn't mind Homeland Security agents watching you doing it. If you aren't doing anything illegal, you should not mind the government sending agents over to read your e-mail, rifle through your personal belongings, listen to your phone conversations, and tail you when you drive somewhere.
I recognize the humorous aspect of your post, but that first sentence really summed up a scary, but all-too-commonly-voiced, sentiment about this subject.
point a loaded weapon at me.
I'm in no way exagerating. I was walking across the grass field under the peace arch with my then girlfriend. We were travelling from Vancouver to Seattle to catch a plane at Seatac. As I didn't feel like spending 400$ on a cab between Vancouver and Seattle, I arranged to have a friend from the US pick me up at the border crossing, and took a (less expensive 80$) cab from Vancouver to the arch.
We apparently chose the cars-only side to walk up to, because a solier inspecting a car snapped up from his work, aimed his automatic rifle at us, and yelled at us to go around to the other side. When I tried to talk to him, to ask him to put the gun down among other things, he just screamed harder at me.
When we did go inside, the US military guys tried to play good cop/bad cop on why I felt the need to enter the United States. It was complete BS, and an example of exactly how silly US customs is. On the way back, the Canadian border guard was nothing but courtieous to us. I don't even think they had M-16s!
As for Sept 11, Canada had the whole FLQ thing in the 1970s. Trudeau invoked the war measures act. However, once the situation was taken care of, the war measures act went away. Why isn't the patriot act going away? Why must the US continue to militarize and occupy foreign nations not related to the terrorist attack?
--
Internet Explorer (n): Another bug -- that is, a feature that can't be turned off -- in Windows.
Most people don't have a clue about circuit boards and soldering irons except what they've seen in some stupid action flick. It is highly plausible that some people would just assume that "there is some really wierd shit going on this apartment look at all these tools and wires and uhm... stuff I better call the FBI this looks like the bomb I saw in ."
In the end, this incident just wasted some public servant's time. Same as the circuit board incident. Unless or until people get good at recognizing what a bomb detonator really looks like, things like this are bound to happen.
Since you are obviously expert in all things bomb-detonator, what does an "average" bomb detonator look like?
Oh... wait! I remember - I saw it in a movie! A "Bomb detonator" is that black box, about 9 inches long, 4 inches wide, and about 2 inches tall, with the big, red lettering on the top that says "Bomb Detonator" on the top of it, and has a few red and white snap wiring terminals on the side, right?
No?
Are you sure?
We live in a modern-day paranoia. We've been abusing the people of the Middle East selfishly for decades in order to satiate our wasteful addiction to crude oil, and now we pay the price of bad karma.
What really sucks is that there are real solutions to our energy needs. Linked is but one example with a total initial cost of about $169 billion, about as much as the $162 billion the most recent Iraq war cost to wage that would almost completely eliminate our dependence on foreign oil and dramatically reduce the Carbon Dioxide production of the United States.
I just hope and pray that someday, we find a leader that will actually lead us towards a better world, because we sure as hell don't have one today.
I have no problem with your religion until you decide it's reason to deprive others of the truth.
Why must the US continue to militarize and occupy foreign nations not related to the terrorist attack?
Because the US populace is a bunch of ignorant sheep, who will go with whatever someone in their local group hears on the news and passes on to those who think the news is morbid or uninteresting. But then, that's how it is in most countries. The US is really no different, it just happens to be the big dog on the block right now.
Like all would-be (or actual) empires, the US populace and leadership will get theirs. No empire in our recorded history has stood the test of time, and the US won't either. It will either fall easily (and relatively peacefully) like the British Empire, from the inside under the weight of its own incompetence and corruption like the USSR, or to near annihilation via nuclear/chemical/biological attacks from external locations. It just depends on the course of history and the choices of its leadership and populace in general which one becomes a reality.
Are you ready for the storm of hate they will pour down on you?
Are you ready for anything wrong or embarrassing you've ever done to become fodder for the press. Have you ever downloaded porn? Have you ever cheated on your spouse? Do you have any relatives who are mentally ill? Are you non-white? Are you non-Christian? Do you have the money and connections to hire a good lawyer? Can you afford to take the time off work?
Sure standing up to an evil system is exhilarating, but few people could stand up to the kind of microscope the government can put on your entire life, and then deal with the consequences of having the details broadcast. There is no moment of truth - no heroic battle, instead there is a wearing away of your will over a timescale dictated entirely by your enemy.
[Set Cain on fire and steal his lute.]
It was Frankfurt airport and I was getting on a plane to JFK. I was only 17 years old, but I was wanded, my carry-on was searched, and I had to identify my bags on the tarmack before they were loaded and I was able to board the plane. You know how many other people had to do the same? All of them.
Three years earlier I flew into Brussels from London without any such searches. That time I missed seeing a car bomb detonated in Belgium by 30 minutes. It is very strange to see the alley side of two building ripped open.
The point is that when someone has declared war against you... like the socialist/communist terrorist groups did in Germany during the 70s and 80s and islamic terrist have against the US in the 80s 90s and 00s. There are going to be times when in public places and entry and exit points you have to deal with security.
The same does not apply in your home. If the cops do not have a warrant, only can give up your right. That doesn't mean you need to be an asshole, but you certainly do not need to give into the the 'if you don't have anything to hide' mind game.
No worries here, under the partiot act the entire case is classified, nobody will even know your fighting until the supreme court makes it decision.
His mistake is assuming the supreme court is actually an instrument of justice anymore.
Even if it stays out of the papers the FBI is gonna be blundering through your life, knocking things over, harassing your family and co-workers, and making certain that your life is a mess even if you are found innocent.
His mistake is assuming the supreme court is actually an instrument of justice anymore.
The current SC is packed with conservative hardliners, but at least they are not neo-cons - there is a chance that they will choose law over politics, their interpretation of law will be from the hard right, but at least it is based on the rule of law.
[Set Cain on fire and steal his lute.]
In the days of my youth (sharing a house with two other guys who might have who knows what kind of illegal substances about), the conventional wisdom was that once you let the officer in the front door there was little you could do to constrain their subsequent actions. When the police knocked at my door last year (looking for a reported runaway who was friendly with my daughter), I still found myself automatically saying, "I'll be happy to step outside and discuss matters with you officer." But without a warrent, they don't come through the door. At some point I expect (or at least I hope) that the portions of the Patriot Act that allow officers to enter and search without showing a judge sufficiently probable cause to get a warrent are ruled unconstitutional.
Only a couple problems with concept.
1) The patriot act won't be found un-constitutional.
2) You probably don't have the funds to afford the lawyer.
Isn't it just easier to tell the cops you are a hobbiest trying to fix his camera and put the matter to bed?
Have you compiled your kernel today??
Now, I don't want to come off as anti-american (though it is fairly easy to feel that way these days), but do you US citizens realise that this sort of stuff is starting to flow on to the rest of the world? Many of us live in countries not governed by religious, paranoid, low-iq, war-fetishists. We like that we don't need to go around pretending there are terrorists everywhere in order to "exact vengeance" for ONE incident (which, lets face it, PALES next to some of the things that the US have done to other countries) 3 years ago.
Because the US is so influential on the western political stage though, we almost have to fall in line with your head lunatic. PLEASE get rid of this fucker. PLEASE vote for someone with some intelligence. And also, if you know your neighbours or friends are morons who will vote for any asshole who can wave a flag and spout some jingoistic bollocks, please have them killed. Cheers.
Prisoner #655321
Look at it like this. If the police really thought your friend was a terrorist, there's no way they would have given him a warning. They would have just called Homeland and his house would have been searched while your friend was away from home.
The fact that they turned up, asked nicely, and gave him a choice, means that they thought your friend was innocent but they were under an obligation to investigate all reports.
Annoying, yes. But when I was a youngster I once got stopped by the police at 2am while I was walking home. They asked me who I was, where I was going, asked to search my backpack (and I let them), etc. I fumed and thought "fascist pigs" at the time but in hindsight, they did the right thing. Here was me wandering around suburbia at 2am with a big backpack and computer gear under my arm. Suspicious? I think so. The police would have been remiss if they hadn't asked nicely. They probably thought "he's too dorky to be a thief, but we better check anyway, because THAT IS OUR DUTY".
Same here with your friend. Somebody reported him. It's not up to the police to ignore reports from the public. They _should_ investigate. That is their purpose.
Problems with the supreme court are a little more fundamental. You might note that the Nazis had a rule of law. Some of the laws they kept secret, because they were so bad that even the "good" German would be outraged. We are so degenerate that we make equivalent laws public, and few protest. But it was a rule of law. Their law theory came largely from a guy named Carl Schmitt who later went to the United State and was moderately influencial. Some like Rinquist use arguments identical to Schmitt.
When you hear about some case that was decided on a "positive law" theory, you are hearing about something that is indistinguishable from Schmitt theories.
Put another way, there was a fascist architecture and there was fascist music, hmm, see my web site and look at the Wagner article someone submitted. And there was fascist law, justified by a fascist theory of law, and that theory now pretty well dominates the US Supreme Court. And that fits, because the laws we are getting are in prominent occasions fascist laws. You are probably thinking I am thinking about the Patriot act, but what I have most clearly in mind is a civil service reform recently done at the federal level.
The US is "administratively" fascist. What we are missing is a fascist mass movement. And it might be a left movement or a right movement. Then thing will really pop. The dynamics look like this: institutions continue to collapse, economic shocks dominate, people look for solutions and so new institutions come into existence. If there is not a vigorous positive alternative institution coming into being, then the fascist mass movement will take off instead. Do a reality check when oil hits seventy dollars a barrel.
you have the right to ask for a warrant, and we will come back using some national security law and turn your house inside out.
Or you can just let us in now voluntarily without a warrant.
Doesn't that sort of remove the point of having a system of needing warrants?