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FCC Reserves the Right To Search Your Home, Any Time
mikesd81 writes "Wired.com reports that you may not know it, but if you have a wireless router, a cordless phone, remote car-door opener, baby monitor or cellphone in your house, the FCC claims the right to enter your home without a warrant at any time of the day or night in order to inspect it. FCC spokesman David Fiske says 'Anything using RF energy — we have the right to inspect it to make sure it is not causing interference.' The FCC claims it derives its warrantless search power from the Communications Act of 1934, though the constitutionality of the claim has gone untested in the courts. 'It is a major stretch beyond case law to assert that authority with respect to a private home, which is at the heart of the Fourth Amendment's protection against unreasonable search and seizure,' says Electronic Frontier Foundation lawyer Lee Tien. 'When it is a private home and when you are talking about an over-powered Wi-Fi antenna — the idea they could just go in is honestly quite bizarre.'"
They've had this power for decades. This is nothing new. Fire up a transmitter and start broadcasting overtop an FM radio station, and just see how fast the FCC sends out their goons.
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Note that AT NO TIME, does the FCC guy interviewed actually say they can search your home without a warrant.
He says the FCC has total authority to inspect RF devices. Which they do, the article even cites the specific law that gives the FCC that authority. They can ask to see your router at home but they still don't have the authority to just bust into your house without a warrant.
There is a self-shot video on youtube that shows some kind of land surveyor trespassing on some guy's land. He had asked her on a previous date to stay off his property unless she had a warrant. A few weeks later she comes back (sans warrant) and attempts to get on his property again. He refuses and she starts spewing pseudo-law random crap which she attempts to use to get her on his property with his consent. He refuses still and eventually a cop shows up. He, the land owners, tells the cop that he does not want her on his property. The cop ignores him and lets the woman trespass.
Warrant or not, cops are going to infringe on the law regardless. Cops really do think they know what they are doing.
I'm not sure of the outcome of this episode but I'm sure if evidence was gathered by this woman trespassing on his land without a warrant it'd be inadmissible in court. Providing, of course, kangaroos aren't in the general vicinity of said court.
The point is, just spouting, "Get the F off my lawn" wont necessarily cause 'officials' to comply. I mean, Citizen, who the fuck are you? (tongue in cheek)