Since some of the materials which describe the $cientology cult could be
considered to be copywritten materials, I have censored myself and The
Skeptic Tank by deleting any and all possible text files which describes
the cult's hidden mythologies. I have elected to quote just a bit of the
questionable text according to the "Fair Use" legal findings afforded to
those who report. - Fredric L. Rice, The Skeptic Tank, 09/Sep/95
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
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Newsgroups: alt.religion.scientology
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From: rlvd_cif@uhura.cc.rochester.edu (Robert Levandowski)
Subject: Re: HELENA SPEAKS, AGAIN
Message-ID: <1995Jul8.204419.7297@galileo.cc.rochester.edu>
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References: <APC&1'0'66608041'956@igc.apc.org> <Pine.SOL.3.90.950707122156.2475B-100000@ten-fwd>
Date: Sat, 8 Jul 95 20:44:19 GMT
Lines: 232
In <Pine.SOL.3.90.950707122156.2475B-100000@ten-fwd> Neal Pendleton <nsp@airpcs.com> writes:
>On Fri, 7 Jul 1995, Zane Thomas wrote:
>>
>> I heard from Kobrin again, here's a summary:
>>
> [...summary snipped...]
>Just in case Zane's house or business gets raided by the
>Copyright Terrorists, what rights does a raid victim have?
>Dennis Erlich complained that many things in his raid were
>not kosher. For instance, does the victim have the right
>to inspect items removed? Does the victim have the right
>to get an inventory list of items removed?
>If I go into a law library, what do I ask to see about this
>subject?
A good place to start is the U.S. Code, which is available online
at <http://www.law.cornell.edu>. I found the following relevant
facts:
== the following items refer to 18 U.S.C. ==
Federal, State, or Territorial Judges, or U.S. Magistrates, are authorized
to issue search warrants. (Sec. 3102)
A warrant can be issued to search for and seize any property that
constitutes evidence of a violation of U.S. law (Sec. 3013a)
The warrant can be served by any officer specificially mentioned in the
warrant, or any officer otherwise authorized to serve it, but BY NO ONE
ELSE unless the authorized officer requires it, and is present. (Sec. 3015)
Most FBI and DOJ agents and bigwigs are authorized to make seizures under
warrant (Sec. 3017)
Officers can break into your house, and break anything therein, if you
refuse admittance or if they need to get out (Sec. 3109)
==
42 USC Sec. 2000aa
(a) Work product materials
Notwithstanding any other law, it shall be unlawful for a
government officer or employee, in connection with the
investigation or prosecution of a criminal offense, to search for
or seize any work product materials possessed by a person
reasonably believed to have a purpose to disseminate to the public
a newspaper, book, broadcast, or other similar form of public
communication, in or affecting interstate or foreign commerce; but
this provision shall not impair or affect the ability of any
government officer or employee, pursuant to otherwise applicable
law, to search for or seize such materials, if -
(1) there is probable cause to believe that the person
possessing such materials has committed or is committing the
criminal offense to which the materials relate: Provided,
however, That a government officer or employee may not search for
or seize such materials under the provisions of this paragraph if
the offense to which the materials relate consists of the
receipt, possession, communication, or withholding of such
materials or the information contained therein (but such a search
or seizure may be conducted under the provisions of this
paragraph if the offense consists of the receipt, possession, or
communication of information relating to the national defense,
classified information, or restricted data under the provisions
of section 793, 794, 797, or 798 of title 18, or section 2274,
2275, or 2277 of this title, or section 783 of title 50; or
(2) there is reason to believe that the immediate seizure of
such materials is necessary to prevent the death of, or serious
bodily injury to, a human being.
(b) Other documents
Notwithstanding any other law, it shall be unlawful for a
government officer or employee, in connection with the
investigation or prosecution of a criminal offense, to search for
or seize documentary materials, other than work product materials,
possessed by a person in connection with a purpose to disseminate
to the public a newspaper, book, broadcast, or other similar form
of public communication, in or affecting interstate or foreign
commerce; but this provision shall not impair or affect the ability
of any government officer or employee, pursuant to otherwise
applicable law, to search for or seize such materials, if -
(1) there is probable cause to believe that the person
possessing such materials has committed or is committing the
criminal offense to which the materials relate: Provided,
however, That a government officer or employee may not search for
or seize such materials under the provisions of this paragraph if
the offense to which the materials relate consists of the
receipt, possession, communication, or withholding of such
materials or the information contained therein (but such a search
or seizure may be conducted under the provisions of this
paragraph if the offense consists of the receipt, possession, or
communication of information relating to the national defense,
classified information, or restricted data under the provisions
of section 793, 794, 797, or 798 of title 18, or section 2274,
2275, or 2277 of this title, or section 783 of title 50;
(2) there is reason to believe that the immediate seizure of
such materials is necessary to prevent the death of, or serious
bodily injury to, a human being;
(3) there is reason to believe that the giving of notice
pursuant to a subpena duces tecum would result in the
destruction, alteration, or concealment of such materials; or
(4) such materials have not been produced in response to a
court order directing compliance with a subpena duces tecum, and
-
(A) all appellate remedies have been exhausted; or
(B) there is reason to believe that the delay in an
investigation or trial occasioned by further proceedings
relating to the subpena would threaten the interests of
justice.
(c) Objections to court ordered subpoenas; affidavits
In the event a search warrant is sought pursuant to paragraph
(4)(B) of subsection (b) of this section, the person possessing the
materials shall be afforded adequate opportunity to submit an
affidavit setting forth the basis for any contention that the
materials sought are not subject to seizure.
[note: please don't blame me for the formatting; it's double-spaced
on the House of Representatives Web Site, and I cut-and-pasted it...
by the way, US laws are public domain, so no copyright laws are being
violated by this post.]
== the following items are from the U.S. Constitution ==
Amendment IV
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.
Amendment XIV
Section 1. All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of the
United States and of the state wherein they reside. No state
shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor
shall any state deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
I will publish 18 USC Rule 41, the Rules of Criminal Procedure for the
United States of America relating to Search and Seizure, in a seperate,
long post.
Please note that some of the contents of this post have been paraphrased,
and you should consult not only a lawyer but the source documents before
trying to take legal action. If you don't, and you make an ass out of
yourself, I told you so. :)
--
--Rob Levandowski
Computer Interest Floor associate / University of Rochester
macwhiz@cif.rochester.edu [Opinions expressed are mine, not UR's.]