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FBI violated hundreds of Americans’ constitutional rights in Beverly Hills raid, appeals court rules
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a425couple
Jan 31, 2024, 12:23:46 PMJan 31
to
Blasted FBI needs to be spanked.
Just because an individual keeps cash, metals or other valuables
does not mean they have to explain or share it!
from
https://www.foxnews.com/media/fbi-violated-hundreds-americans-constitutional-rights-beverly-hills-raid-appeals-court-finds
FBI violated hundreds of Americans’ constitutional rights in Beverly
Hills raid, appeals court rules
FBI violated safe deposit box renters' 4th Amendment rights during 2021
raid, court rules
Teny Sahakian By Teny Sahakian Fox News
Published January 31, 2024 2:00am EST
The FBI took her life savings. Now she’s fighting to help others get
theirs back
Linda Martin and hundreds of others had their life savings seized by the
FBI in a raid on a California safe deposit company. Two years, later
she's seeking justice.
The FBI violated private citizens’ constitutional rights when it seized
contents from hundreds of safe deposit boxes during a 2021 raid on a
Beverly Hills business suspected of money laundering, a federal appeals
court ruled last week.
"This was a resounding victory, not just for our clients, but for the
hundreds of people who've been stuck in a nightmare for years because of
what the FBI did," Institute for Justice Senior Attorney Rob Frommer,
who represented several plaintiffs in the case, told Fox News.
The U.S. 9th Circuit Court of Appeals found the bureau violated U.S.
Private Vaults box holders’ Fourth Amendment rights against unreasonable
searches and seizures by opening and cataloging the contents of 1,400
safe deposit boxes without individual criminal warrants for each.
After police seized Marine vet's life savings, ruling brings him closer
to saving others from civil forfeitureVideo
WATCH MORE FOX NEWS DIGITAL ORIGINALS HERE
The Jan. 23 ruling reversed a 2022 lower court decision siding with the
FBI and requires federal officials to destroy any inventory records of
the hundreds of box holders not charged with a crime.
Agents took about $86 million in cash from the boxes in the March 2021
raid, as well as a trove of jewelry, gold bars and coins, silver and
other valuables. In May of that year, the FBI "commenced administrative
forfeiture proceedings" against an unspecified number of the boxes,
according to court documents filed by the government.
Civil asset forfeiture is the process through which the government
seizes money or other property believed to be linked to a crime, even if
the owner isn't charged with a crime.
The FBI's raid on U.S. Private Vaults was part of its investigation on
the company, which ultimately shut down and pleaded guilty to conspiracy
to launder drug money. The government argued before the 9th Circuit that
its warrant authorized the FBI to seize the deposit boxes and inventory
their contents in accordance with standardized policy.
US Private Vaults exterior
The FBI seized an estimated $86 million in cash from hundreds of safe
deposit boxes at U.S. Private Vaults in a March 2021 raid. (Al Seib /
Los Angeles Times via Getty Images)
'LEGAL THEFT': TEXAS POLICE SEIZED MAN'S LIFE SAVINGS. NOW THE STATE IS
PUTTING HIS CASH ON TRIAL
But unsealed court documents showed neither the FBI nor the U.S.
Attorney's Office told the judge in their warrant request that agents
planned to confiscate the contents of every box containing at least
$5,000 in cash or belongings.
The warrant only authorized authorities to seize business computers,
money counters and surveillance equipment. The judge also allowed them
to seize safety deposit boxes and keys, but specifically wrote that
agents should only "inspect the contents of the boxes in an effort to
identify their owners … so that they can claim their property," and that
the warrant "does not authorize a criminal search or seizure of the
contents of the safety deposit boxes."
In its decision, the 9th Circuit panel wrote that the government had
gone beyond the scope of its warrant and violated its own rules by
taking inventory of property that wasn’t the subject of a warrant.
Circuit Judge Milan D. Smith Jr. wrote that it was "particularly
troubling" that the government couldn’t explain the limitations to these
types of inventory searches and questioned how they differed from the
"limitless searches of an individual’s personal belongings" like those
seen in colonial America.
"It was those very abuses of power, after all, that led to adoption of
the Fourth Amendment in the first place," Smith wrote.
FBI sued after allegedly losing hundreds of thousands in rare coins
during raidVideo
THE FBI TOOK HER LIFE SAVINGS. NOW SHE’S FIGHTING TO HELP OTHERS GET
THEIRS BACK.
Jeni Pearsons, one of the plaintiffs in the class-action lawsuit said
the win was "incredibly gratifying."
"Hearing these judges just knock them down a peg and talk through the
situation, this extraordinary overreach and an actual breaking of civil
rights … it was just really, really gratifying," she told Fox News.
Pearsons and her husband Michael Storc had $20,000 in silver and $2,000
in cash seized from their rented security deposit box during the raid.
She teamed up with the Institute for Justice to fight for her property
and ultimately prevailed, but said she found the FBI had lost the $2,000
when she went to reclaim it.
"I do think that the FBI is watching this case," Pearsons said. "And I
hope that if they do continue with civil forfeiture processes, that they
put structure in place so that it's transparent and that it's not just a
free-for-all all, which is what this seems to be."
Jeni Pearsons stands outside US Private Vaults
Jeni Pearsons said the FBI had "no explanation" about where the $2,000
seized from her safety deposit box went. (Courtesy Institute for Justice)
CLICK HERE TO GET THE FOX NEWS APP
"It's a free-for-all all within a ridiculous defense," Pearsons added.
But Frommer said while this ruling helped "expose the government's
attempt to steal innocent people's things," he doesn’t think it will end
civil forfeiture abuse.
"I think this ruling on its own is important, but it won't stop the
FBI's grasping hand," he told Fox News. "Yeah, they got their hand
slapped just now. But unless there's real consequences, they'll just
view this as a dry run for the next time."
The FBI declined to comment on the ruling. Thom Mrozek, a spokesperson
for the U.S. Attorney’s Office in Los Angeles declined to comment on the
ruling but said the prosecutor's office was "prepared to destroy records
of the inventory search, which is the relief sought by the plaintiffs in
the case."
Teny Sahakian is an Associate Producer/Writer for Fox News. Follow Teny
on Twitter at @tenysahakian.
Conversation5.5K Comments
7K Viewing
11 People typing
View 19 new comments
Sort by
Best
trulydepressed
9 hours ago
The abuses have been going on for decades. Every element of the justice
system, law enforcement, lawyers and judges, has happily gone along with
it, too. The only difference now is it is being documented and made
available publicly by private citizens.
Reply
548
4
Share
🔴⚖️Joe.G⚖️🔴
3 minutes ago
If you want it to stop, you pass a law attaching the personal assets of
these rogue agents and US attorneys to violations of constitutional
rights. Then when the courts find out that they violated someone's
constitutional rights, it opens them up to personal liability. These
guys would stop and thi...
See more
Reply
Share
theblueline
12 minutes ago
This entire case sounds completely backwards. Normally a warrant is
issued upon probable cause to search for evidence and fruits of a
specific crime. In this case, it appears they just secured a blanket
warrant, searched everything they could, and then worked backwards to
see if there was any crime...
See more
Reply
Share
1 reply
Show 50 more replies
danintheden193
9 hours ago
This is absolutely great! Civil forfeiture is an invention that allows
police to confiscate people's property without compensation, and without
due process and conviction - apparently contrary to the US Constitution.
And the court agreed. Hopefully, this is a hit against civil
forfeiture elsewhe...
See more
Reply
406
2
Share
ConservativeAirman
17 minutes ago
Corruption & murder
L.A. sheriffs murdered innocent Malibu rancher Don Scott in a
rubber-stamp-warrant dawn raid to steal his land for a park; no drugs
found, deputies got medals, park got ranch. CAF & its guilt presumption
should be abolished & cops who dishonor the oath barred from gvt 'service'
Reply
1
Share
blunderingbiden🤪415
1 hour ago
The FBI Agents raiding the boxes no doubt stuffed their pockets during
the raid.
Reply
3
Share
Show 15 more replies
themoretruthfultruth
9 hours ago
Civil asset seizure is really messed up in this country. Any government
should have to go to court within 30 days and justify why it took assets
or immediately return them, no exceptions. Just taking assets from
people with no quick recourse for return can be devastating for citizens
who have commi...
See more
Reply
741
2
Share
snelson677
2 hours ago
The FBI will learn when the next building comes down on them. That is
all they understand.
Reply
1
Share
surething
3 hours ago
Ask your Congressman why they refused to revoke the law.
Reply
2
Share
Show 35 more replies
umanori
9 hours ago
The whole concept of civil forfeiture is wrong, wrong, wrong. I don't
care how bad the criminal is, the government must be required to file
charges against that person and perhaps should be required to convict
that person before there is a taking allowed.
Reply
282
1
Share
seademhawks
1 hour ago
"...$86 million in cash from the boxes in the March 2021 raid, as well
as a trove of jewelry, gold bars and coins, silver and other valuables."
There is no victory here. The FBI received absolutely no punishment for
what they did in stealing this much. Nobody in the FBI lost their job,
got demoted, ...
See more
Reply
6
1
Share
1 reply
kalakala
3 hours ago
We now know how the American Indians felt. Your government did the same
to them.
Reply
11
2
Share
2 replies
Show 5 more replies
MarcusCrassius
9 hours ago
Never used a safe deposit box in my life. There are other options and
some beyond the FED's reach. Civil forfeiture is organized crime by the
very agencies that are supposed to fight it.
Reply
246
Share
surething
3 hours ago
Reagan gave us Civil Asset Forfeiture and the Supreme Court said it’s
fine every time they’ve heard cases against it.
Reply
1
1
Share
2 replies
ScienceDoc931
4 hours ago
In some ways this is why some cultures do not trust banks in general.
My wife refuses to keep any valuables in a bank; so we have invested in
a very secure safe that is bluetooth connected and registers any
tampering...
Reply
19
Share
1 reply
Show 5 more replies
Just because an individual keeps cash, metals or other valuables
does not mean they have to explain or share it!
from
https://www.foxnews.com/media/fbi-violated-hundreds-americans-constitutional-rights-beverly-hills-raid-appeals-court-finds
FBI violated hundreds of Americans’ constitutional rights in Beverly
Hills raid, appeals court rules
FBI violated safe deposit box renters' 4th Amendment rights during 2021
raid, court rules
Teny Sahakian By Teny Sahakian Fox News
Published January 31, 2024 2:00am EST
The FBI took her life savings. Now she’s fighting to help others get
theirs back
Linda Martin and hundreds of others had their life savings seized by the
FBI in a raid on a California safe deposit company. Two years, later
she's seeking justice.
The FBI violated private citizens’ constitutional rights when it seized
contents from hundreds of safe deposit boxes during a 2021 raid on a
Beverly Hills business suspected of money laundering, a federal appeals
court ruled last week.
"This was a resounding victory, not just for our clients, but for the
hundreds of people who've been stuck in a nightmare for years because of
what the FBI did," Institute for Justice Senior Attorney Rob Frommer,
who represented several plaintiffs in the case, told Fox News.
The U.S. 9th Circuit Court of Appeals found the bureau violated U.S.
Private Vaults box holders’ Fourth Amendment rights against unreasonable
searches and seizures by opening and cataloging the contents of 1,400
safe deposit boxes without individual criminal warrants for each.
After police seized Marine vet's life savings, ruling brings him closer
to saving others from civil forfeitureVideo
WATCH MORE FOX NEWS DIGITAL ORIGINALS HERE
The Jan. 23 ruling reversed a 2022 lower court decision siding with the
FBI and requires federal officials to destroy any inventory records of
the hundreds of box holders not charged with a crime.
Agents took about $86 million in cash from the boxes in the March 2021
raid, as well as a trove of jewelry, gold bars and coins, silver and
other valuables. In May of that year, the FBI "commenced administrative
forfeiture proceedings" against an unspecified number of the boxes,
according to court documents filed by the government.
Civil asset forfeiture is the process through which the government
seizes money or other property believed to be linked to a crime, even if
the owner isn't charged with a crime.
The FBI's raid on U.S. Private Vaults was part of its investigation on
the company, which ultimately shut down and pleaded guilty to conspiracy
to launder drug money. The government argued before the 9th Circuit that
its warrant authorized the FBI to seize the deposit boxes and inventory
their contents in accordance with standardized policy.
US Private Vaults exterior
The FBI seized an estimated $86 million in cash from hundreds of safe
deposit boxes at U.S. Private Vaults in a March 2021 raid. (Al Seib /
Los Angeles Times via Getty Images)
'LEGAL THEFT': TEXAS POLICE SEIZED MAN'S LIFE SAVINGS. NOW THE STATE IS
PUTTING HIS CASH ON TRIAL
But unsealed court documents showed neither the FBI nor the U.S.
Attorney's Office told the judge in their warrant request that agents
planned to confiscate the contents of every box containing at least
$5,000 in cash or belongings.
The warrant only authorized authorities to seize business computers,
money counters and surveillance equipment. The judge also allowed them
to seize safety deposit boxes and keys, but specifically wrote that
agents should only "inspect the contents of the boxes in an effort to
identify their owners … so that they can claim their property," and that
the warrant "does not authorize a criminal search or seizure of the
contents of the safety deposit boxes."
In its decision, the 9th Circuit panel wrote that the government had
gone beyond the scope of its warrant and violated its own rules by
taking inventory of property that wasn’t the subject of a warrant.
Circuit Judge Milan D. Smith Jr. wrote that it was "particularly
troubling" that the government couldn’t explain the limitations to these
types of inventory searches and questioned how they differed from the
"limitless searches of an individual’s personal belongings" like those
seen in colonial America.
"It was those very abuses of power, after all, that led to adoption of
the Fourth Amendment in the first place," Smith wrote.
FBI sued after allegedly losing hundreds of thousands in rare coins
during raidVideo
THE FBI TOOK HER LIFE SAVINGS. NOW SHE’S FIGHTING TO HELP OTHERS GET
THEIRS BACK.
Jeni Pearsons, one of the plaintiffs in the class-action lawsuit said
the win was "incredibly gratifying."
"Hearing these judges just knock them down a peg and talk through the
situation, this extraordinary overreach and an actual breaking of civil
rights … it was just really, really gratifying," she told Fox News.
Pearsons and her husband Michael Storc had $20,000 in silver and $2,000
in cash seized from their rented security deposit box during the raid.
She teamed up with the Institute for Justice to fight for her property
and ultimately prevailed, but said she found the FBI had lost the $2,000
when she went to reclaim it.
"I do think that the FBI is watching this case," Pearsons said. "And I
hope that if they do continue with civil forfeiture processes, that they
put structure in place so that it's transparent and that it's not just a
free-for-all all, which is what this seems to be."
Jeni Pearsons stands outside US Private Vaults
Jeni Pearsons said the FBI had "no explanation" about where the $2,000
seized from her safety deposit box went. (Courtesy Institute for Justice)
CLICK HERE TO GET THE FOX NEWS APP
"It's a free-for-all all within a ridiculous defense," Pearsons added.
But Frommer said while this ruling helped "expose the government's
attempt to steal innocent people's things," he doesn’t think it will end
civil forfeiture abuse.
"I think this ruling on its own is important, but it won't stop the
FBI's grasping hand," he told Fox News. "Yeah, they got their hand
slapped just now. But unless there's real consequences, they'll just
view this as a dry run for the next time."
The FBI declined to comment on the ruling. Thom Mrozek, a spokesperson
for the U.S. Attorney’s Office in Los Angeles declined to comment on the
ruling but said the prosecutor's office was "prepared to destroy records
of the inventory search, which is the relief sought by the plaintiffs in
the case."
Teny Sahakian is an Associate Producer/Writer for Fox News. Follow Teny
on Twitter at @tenysahakian.
Conversation5.5K Comments
7K Viewing
11 People typing
View 19 new comments
Sort by
Best
trulydepressed
9 hours ago
The abuses have been going on for decades. Every element of the justice
system, law enforcement, lawyers and judges, has happily gone along with
it, too. The only difference now is it is being documented and made
available publicly by private citizens.
Reply
548
4
Share
🔴⚖️Joe.G⚖️🔴
3 minutes ago
If you want it to stop, you pass a law attaching the personal assets of
these rogue agents and US attorneys to violations of constitutional
rights. Then when the courts find out that they violated someone's
constitutional rights, it opens them up to personal liability. These
guys would stop and thi...
See more
Reply
Share
theblueline
12 minutes ago
This entire case sounds completely backwards. Normally a warrant is
issued upon probable cause to search for evidence and fruits of a
specific crime. In this case, it appears they just secured a blanket
warrant, searched everything they could, and then worked backwards to
see if there was any crime...
See more
Reply
Share
1 reply
Show 50 more replies
danintheden193
9 hours ago
This is absolutely great! Civil forfeiture is an invention that allows
police to confiscate people's property without compensation, and without
due process and conviction - apparently contrary to the US Constitution.
And the court agreed. Hopefully, this is a hit against civil
forfeiture elsewhe...
See more
Reply
406
2
Share
ConservativeAirman
17 minutes ago
Corruption & murder
L.A. sheriffs murdered innocent Malibu rancher Don Scott in a
rubber-stamp-warrant dawn raid to steal his land for a park; no drugs
found, deputies got medals, park got ranch. CAF & its guilt presumption
should be abolished & cops who dishonor the oath barred from gvt 'service'
Reply
1
Share
blunderingbiden🤪415
1 hour ago
The FBI Agents raiding the boxes no doubt stuffed their pockets during
the raid.
Reply
3
Share
Show 15 more replies
themoretruthfultruth
9 hours ago
Civil asset seizure is really messed up in this country. Any government
should have to go to court within 30 days and justify why it took assets
or immediately return them, no exceptions. Just taking assets from
people with no quick recourse for return can be devastating for citizens
who have commi...
See more
Reply
741
2
Share
snelson677
2 hours ago
The FBI will learn when the next building comes down on them. That is
all they understand.
Reply
1
Share
surething
3 hours ago
Ask your Congressman why they refused to revoke the law.
Reply
2
Share
Show 35 more replies
umanori
9 hours ago
The whole concept of civil forfeiture is wrong, wrong, wrong. I don't
care how bad the criminal is, the government must be required to file
charges against that person and perhaps should be required to convict
that person before there is a taking allowed.
Reply
282
1
Share
seademhawks
1 hour ago
"...$86 million in cash from the boxes in the March 2021 raid, as well
as a trove of jewelry, gold bars and coins, silver and other valuables."
There is no victory here. The FBI received absolutely no punishment for
what they did in stealing this much. Nobody in the FBI lost their job,
got demoted, ...
See more
Reply
6
1
Share
1 reply
kalakala
3 hours ago
We now know how the American Indians felt. Your government did the same
to them.
Reply
11
2
Share
2 replies
Show 5 more replies
MarcusCrassius
9 hours ago
Never used a safe deposit box in my life. There are other options and
some beyond the FED's reach. Civil forfeiture is organized crime by the
very agencies that are supposed to fight it.
Reply
246
Share
surething
3 hours ago
Reagan gave us Civil Asset Forfeiture and the Supreme Court said it’s
fine every time they’ve heard cases against it.
Reply
1
1
Share
2 replies
ScienceDoc931
4 hours ago
In some ways this is why some cultures do not trust banks in general.
My wife refuses to keep any valuables in a bank; so we have invested in
a very secure safe that is bluetooth connected and registers any
tampering...
Reply
19
Share
1 reply
Show 5 more replies
0 new messages