| Topic: |
Politics > Politics-USA |
| User: |
"If I told U Id have 2 kill U" |
| Date: |
31 Oct 2004 08:38:26 PM |
| Object: |
What Are They Hiding??? |
Dear Subscriber,
I recently suggested that any of you who want to see the affidavit of
probable cause could write a letter to Magistrate Caracappa, send it to
ME, and I'll forward all the letters to her at once. However, I keep
forgetting how many new people there are on this list, who may not know
what an affidavit of probable cause is, why anyone would want to see one,
who Judge Caracappa is, what connection she has to the case, etc. So let
me back up, and give an overview of that issue. (Be warned, this message
isn't really about the 861 evidence, but only about Fourth Amendment
matters, so if you want to skip it, go ahead.)
--------------------------------------------------------
Once upon a time, there were colonies on this continent that came from
England. (How's that for backing up?) Under British rule, the colonists
had to be subjected to something called "writs of assistance," where
agents of the Crown would show up at someone's house, barge their way in,
and rummage through the person's stuff trying to find anything that they
could use against him. Well, the colonists weren't thrilled about the
practice, or about other things that the Crown was doing. So they had a
revolution. And the colonists won. Then they set up a Constitution, and
soon after added a "Bill of Rights," which listed a bunch of things that
the new government would be PROHIBITED from doing.
For example, the Fourth Amendment stated that the people would be secure
in their houses, possessions and documents from "unreasonable searches and
seizure," and that a warrant authorizing government officials to search
their property and belongings had to be based on something called an
"affidavit of probable cause," which is where a government official signs,
under penalty of perjury, a document laying out the evidence which he has
which would lead an average person to conclude that there is "probable
cause" (not just a suspicion) to believe that a crime has been committed,
and that something related to that crime is in a particular place, which
should be seized by the government. (It was only relatively recently that
a search warrant could be applied to mere EVIDENCE of a crime, whereas
before it could only be applied to contraband.) And a magistrate had to
sign a request for a warrant, based on the contents of the affidavit.
In short, to "legally" barge into someone's house, rummage through his
belongings, and take stuff, the government has to ALREADY have evidence
which would cause the average "Joe" on the street, not just to SUSPECT
that something bad is going on, but that there is "probable cause" to
believe that evidence of a crime (or actual contraband) is in a certain
place.
--------------------------------------------------------
On May 6, 2003, a dozen or so armed IRS agents showed up at my house,
forced their way inside (while I was demanding to see the warrant), and
then spent eight hours rummaging through my belongings, deciding what to
take. They took (and still have) ALL of my financial records, and
anything they could find related in any way to taxes, as well as taking or
copying ALL of my computers.
Hmmm, what "probable cause" could have justified such an action? (Sounds
just like the "general warrants" prohibited by the Constitution, doesn't
it?) Well, the "affidavit of probable cause" was ordered SEALED at the
time, so I couldn't see it. The court can TEMPORARILY "seal" such an
affidavit (although even that is disputable) if it's necessary to avoid
messing up a government investigation. (For example, if an affidavit in a
racketeering case is based on an informant, and mentions several other
people involved, it wouldn't help to have the Mafia boss learn who the
informant is, or who the other possible targets of the investigation are,
until the investigation is completed.)
Ten months after the raid, I filed a motion to unseal the affidavit, and
there was a court hearing about it. The DOJ, in a written motion and in
court, objected for two reasons: 1) that I would publicize the affidavit,
and; 2) that unsealing it would reveal identities of people, and thus
compromise their "investigation." However, the whole point of a PUBLICLY
ACCESSIBLE document is that the public has a right to see it (duh), and at
that first hearing, Magistrate Linda Caracappa even acknowledged that I
have every right to publicize the affidavit when it is released. I then
suggested that they redact (black out) anything in the affidavit that
gives names or personally identifying info of individuals, and release it
that way. Though that is a usual procedure, and though Judge Caracappa
said that was a very reasonable suggestion... she ruled against me anyway.
However, she said that after 12 months had passed, I would be allowed to
file AGAIN, asking for it to be unsealed.
Now here we are, almost a YEAR AND A HALF after the raid, and the
affidavit is STILL sealed. A month or so ago I again filed a motion to
unseal the affidavit, and a few filings went back and forth between the
DOJ and me. (The DOJ keeps changing its mind about WHY it needs it
sealed, and is now grasping at straws.) It has been several weeks, and I
haven't heard a peep from the court about it.
Unless there is evidence constituting "probable cause" that EVERYTHING
they looked for and took (including 200 copies of "Theft By Deception,"
copies of older tax statutes and regulations, all my letters to and from
the IRS, all computer equipment (regardless of content), numerous
bumper-stickers and written reports, etc.) is evidence of a crime, then
the raid was illegal, unconstitutional, and generally bogus. I want to
SHOW the public how lawless these people are, and unsealing the affidavit
will do just that. Oh, one more thing: getting a search warrant out of
mallice (bad intent) and without probable cause is a CRIME (see 18 USC
2235).
The feds want to not only do ARMED INVASIONS of peoples homes to shut them
up, but want to have the supposed justification for those invasions KEPT
HIDDEN from the public. Incidentally, this type of behavior is one of the
primary reasons that the American Revolution occurred. For lots more
about Fourth Amendment stuff, you can read my first motion to unseal and
motion to quash, found here:
http://www.taxableincome.net/motions.pdf
So now I think it's worth letting the court know that you don't like the
government acting in secret, and you want to see the
Constitutionally-required affidavit justifying an armed invasion of a
private residence. Again, I don't want to annoy or anger Judge Caracappa,
but I do want her to know what YOU think. So if you want to send a
simple, one-page letter, written to her but sent to ME (at the address
below), then on November 6, exactly 18 months since the raid, I'll send
them all along to Judge Caracappa (in one package). Here's my "snail
mail" address:
Larken Rose
P.O. Box 653
Huntingdon Valley, PA 19006
You don't need to rant, or be nasty (please don't). It is enough to
simply state that you want to know WHY the feds would do such a raid, and
so you want to see the affidavit of probable cause justifying it. Again,
it isn't just the victim of a search warrant who has a right to see the
affidavit; the general public, YOU have a right to see it. And as soon as
I have it, rest assured that I WILL post it publicly. The DOJ has been
pretty open in admitting that they do NOT want it publicized. Hmmm, I
wonder why. Want to find out?
Sincerely,
Larken Rose
larken@taxableincome.net
http://www.861.info
http://www.theft-by-deception.com
P.S. Past e-mails to this list can be found at:
http://www.3rdear.com/cgi-bin/ubb/ultimatebb.cgi?ubb=forum;f=16
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| User: "rare" |
|
| Title: Re: What Are They Hiding??? |
01 Nov 2004 12:25:04 PM |
|
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(If I told U I'd have 2 kill U) wrote in message news:<36caa37d.0410311838.85828e1@posting.google.com>...
Dear Subscriber,
Larken Rose
P.O. Box 653
Huntingdon Valley, PA 19006
You don't need to rant, or be nasty (please don't). It is enough to
simply state that you want to know WHY the feds would do such a raid, and
so you want to see the affidavit of probable cause justifying it. Again,
it isn't just the victim of a search warrant who has a right to see the
affidavit; the general public, YOU have a right to see it. And as soon as
I have it, rest assured that I WILL post it publicly. The DOJ has been
pretty open in admitting that they do NOT want it publicized. Hmmm, I
wonder why. Want to find out?
Hey Larken,
Ya, I would like to find out but what I really want to find out is how
come you haven't notified the general public about your kiddie porn
addiction and the nude pictures of your wife? Are you gonna post that
stuff publicly as well when you get it back? It would be the fair and
honest thing to do.
Thanks,
rare
Sincerely,
Larken Rose
larken@taxableincome.net
http://www.861.info
http://www.theft-by-deception.com
P.S. Past e-mails to this list can be found at:
http://www.3rdear.com/cgi-bin/ubb/ultimatebb.cgi?ubb=forum;f=16
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To subscribe, send a blank message to
.
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|
|
| User: "Ford" |
|
| Title: Re: What Are They Hiding??? |
01 Nov 2004 11:07:39 PM |
|
|
"rare" <rarebit@slipgate.com> wrote in message
news:95784c13.0411011025.6e7166fa@posting.google.com...
knews4u2chew@yahoo.com (If I told U I'd have 2 kill U) wrote in message
news:<36caa37d.0410311838.85828e1@posting.google.com>...
Dear Subscriber,
Larken Rose
P.O. Box 653
Huntingdon Valley, PA 19006
You don't need to rant, or be nasty (please don't). It is enough to
simply state that you want to know WHY the feds would do such a raid,
and
so you want to see the affidavit of probable cause justifying it.
Again,
it isn't just the victim of a search warrant who has a right to see the
affidavit; the general public, YOU have a right to see it. And as soon
as
I have it, rest assured that I WILL post it publicly. The DOJ has been
pretty open in admitting that they do NOT want it publicized. Hmmm, I
wonder why. Want to find out?
Hey Larken,
Ya, I would like to find out but what I really want to find out is how
come you haven't notified the general public about your kiddie porn
addiction and the nude pictures of your wife? Are you gonna post that
stuff publicly as well when you get it back? It would be the fair and
honest thing to do.
Thanks,
rare
Sincerely,
Larken Rose
larken@taxableincome.net
http://www.861.info
http://www.theft-by-deception.com
P.S. Past e-mails to this list can be found at:
http://www.3rdear.com/cgi-bin/ubb/ultimatebb.cgi?ubb=forum;f=16
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