The FBI and Fourth Amendment follies
Most Americans don’t know how much police officers rely on the Constitution, and particularly the Bill of Rights, in their daily work. This is particularly true of the Fourth Amendment, which regulates search and seizure:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
There are necessary exceptions to the warrant requirement. Without them our police couldn’t function. However, probable cause (PC) matters. Simply put, it is facts or evidence that would cause a reasonable police officer to believe a crime had been committed, and a specific person committed it. That’s largely what keeps “show me the man and I’ll show you the crime” politicized fishing expeditions from happening.
For example, if I have legitimate probable cause to believe a set of car tires was stolen, Bob the Crook stole them, and they’re currently in Bob’s house, I can apply for a warrant. If a judge grants it, it will particularly describe the tires and the places I can search. Because of their size, I can search anywhere in Bob’s house a tire could be found, but not in his medicine cabinet.
Graphic: Wikimedia Commons.org. Public Domain.
Tragically, for America and the rule of law, the FBI apparently doesn’t worry about trifles like probable cause or the Fourth Amendment:
A squad of FBI and Drug Enforcement Administration agents in March 2021 raided the Beverly Hills location of a company, U.S. Private Vaults, suspected of criminal activity.
Over several days, agents wearing masks photographed evidence, seized jewels, gold bullion, and coins, and confiscated some contraband (mostly drugs) from 1,400 safe-deposit boxes rented by an array of people, including a retired doctor, a saxophone player, a retired floor contractor, and at least two attorneys.
The grand total seized by the FBI was $86 million in cold cash, as well as Rolex and Cartier watches, rare coins, and more silver and gold than even Yukon Cornelius could imagine.
U.S. Private Vaults eventually pled guilty to conspiracy and money laundering.
Last month, the U.S. 9th Circuit Court of Appeals ruled that the bureau violated the constitutional rights of safe-deposit box holders whose property was seized without probable cause, something the warrant explicitly prohibited.
It’s a classic case. In order to open any safe-deposit box and seize its contents, the FBI would need to have PC regarding each and every box they opened. They didn’t. Not even close.
That the FBI had the chutzpah to ignore the judge’s warrant, which explicitly “d[id] not authorize a criminal search or seizure of box contents,” did not sit well with the court.
Judges called the seizures “egregious” and “outrageous” during oral arguments, comparing them to the Revolutionary War practices of the British, who would search and seize the property of colonials without probable cause. [skip]
Indeed, depositions from FBI agents suggest that “forfeiting” the property of safe-deposit box holders — some would call it “stealing” — was the FBI’s plan from the very beginning.
Excerpts of those depositions, which can be read at the Los Angeles Times and Reason, make it clear that the FBI had been planning a massive asset forfeiture operation months prior to filing its affidavit with U.S. Magistrate Judge Steve Kim.
They also reveal that the FBI had been planning all along to seize the contents of all safe-deposit boxes, so long as they contained at least $5,000 (the minimum established by the Justice Department’s Asset Forfeiture Policy Manual). Testimony makes it clear the FBI was not particularly concerned whether these people were actually criminals, or that the agent who submitted the affidavit had assured Kim that the property rights of customers would be respected.
We only know all of this because a judge denied a request from the U.S. attorney’s office — surprise, surprise — to block disclosure of those depositions, laying “bare the government’s deception,” in the words of the Los Angeles Times reporter Michael Finnegan.
Another FBI/DOJ coverup. I’m shocked, shocked!
Finnegan’s reporting shows FBI agents and U.S. attorneys behaving in almost mafialike fashion, demanding bank records, tax returns, and sworn statements from safe-deposit box holders and their family members — just to get their own money back! [skip]
The question now is: Who will be held accountable for the FBI’s lawless, shameless raid?
Under the Mummified Meat Puppet Administration’s Department of Justice, the answer is simple: no one. An increasing number of Normal Americans and pundits alike believe the FBI hopelessly corrupt and are calling for its elimination. With the FBI committing such willful, egregious and arrogant violations of the Constitution, it’s hard to suggest they’re wrong.
Mike McDaniel is a USAF veteran, classically trained musician, Japanese and European fencer, life-long athlete, firearm instructor, retired police officer and high school and college English teacher. His home blog is Stately McDaniel Manor.