Police confiscation of property without charges
Posted December 3rd, 2008 by WildSatchmo
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Here is the story of how I have been robbed by the agency sword to serve and protect me.
I was very surprised 3 years ago when suddenly my internet was shut off. I called the ISP to find out what the problem was and they said they had reports of 'hacking' from my ip address. I of course told them they must be mistaken and they reluctantly turned the connection back on and I went on about my life and forgot all about the little mistake.
A month or so later while I was at work, the police showed up at my house with a search warrant. My roommate tried to explain that they must have made a mistake, but they proceeded to ransack my house leaving it in shambles and confiscating my personal computer.
Apparently I had downloaded a file from a PUBLIC ftp server (logged in anonymously - did not circumvent any security measures whatsoever). This is something that I used to do all the time. Lots of companies / websites / and even individuals run public FTPs although it is a bit less common these days compared to a few years earlier but it is fun to just explore and see what is out there PUBLICLY. I'm sure many of you may have stumbled upon a personal website of someone who you did not know. I consider this to be basically the same thing just in a different context.
I went to the police station where I was asked a bunch of questions. Luckily, I got the "good cop" who promised that he would speak to the accuser and explain that he thought I was a nice guy and convince him I did not have any malicious intent. Not so much...
The bad part: The guy apparently worked for a local computer shop and was hosting one of his clients confidential files on this public server. It was a backup file of their entire email server! (I had no idea what it was, and was curious to find out). Naturally when he saw someone was downloading the file, he went ballistic, shut down his server, logged my ip and called the cops & the isp.
That was 3 years ago. I have never been charged, I have never heard another word. The accuser has never called the police station asking them about the status of the investigation.
Most importantly, I never got my property back. My computer was absolutely full of my life's work. All the music I had created over the years, the school work I had written, family pictures, every portfolio piece I've ever created, software I had coded. I barely go a day without wishing I had someone from my old PC. I have followed up and have gotten the cold sholder every time.
Question: Is there a legal limitation to how long they can hold your property without charging you with anything?? I am at the point where I am strongly considering taking legal action against the police station. Also, how the HELL did they get a warrant? Wouldnt they need to prove probable cause for a CRIME!? What crime?!
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Good luck getting it back
It probably isn't even there anymore. My home was broken into in 1998 the kids stole 3 guns and ammo, and misc. electronics. They were caught with my stuff still in the car, I wasn't allowed to pick up my property for 5 weeks.
Just like taxes and regulations, once the government at any level has your stuff, it is nigh on impossible to get it back.
Thank you Dr. Paul for making me act on what I already knew was right.
My question is why the hell
My question is why the hell have you waited 3 years? You should have raised hell within a few weeks. I hope you get your computer back but chances are they may not be able to find it now... Take legal action immediately!
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Every normal man must be tempted at times to spit on his hands, hoist the black flag, and begin to slit throats. H. L. Mencken
Get Prepared!
Being 3 years now ...
... I don't know if they would even have the computer anymore and it might not even have been documented in the property room. I know many companies host anonymous FTP servers for their visitors to download software and support files such as manuals, drivers, etc. What bothers me about the FTP servers admin is why in the hell did they save their email files in a public directory? Pretty stupid of them if you ask me and it's their own damn fault, NOT yours.
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A lawyer will cost more than the computer is worth. That is how they get away with extortion and convicting people of misdemeanors. IT is too expensive to fight it and easier to pay...
One Voice, One Vision, One Love ~ Liberty.
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That is the Ron Paul rEVOLution Creed.
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Here's what you do to get you computer back
Write a short and cordial letter to the chief of police asking for the return of your property. Here's the important part: at the bottom of the letter include a cc list. Don't go crazy, but add the governor, your congressman and one or two of the local newspapers or TV stations. Keep the list to about 5-6 big recognizable names that have authority over him or can embarass him. Don't mail it to them, just let the chief think you did---they'll probably hand deliver it.
If that happened to me now,
If that happened to me now, I would raise an unholy shit storm, using every available avenue...internet, radio, local tv station, lawyers, private investigators,...investigate the officer who confiscated my belongings, investigate the police departments policies and their past confiscations, investigate the issuance of the warrant, investigate the tech store and it's employees, ....you name it.
I know a few people. I would call in my favors. All of them.
I would not be satisfied till my belongings were returned, and I was compensated for their absence, and the officer(s) were fired.
I would make it my new purpose in life.
20 years ago, I wouldn't have had the knowledge, the resources, or the fight in me.
From what i read there was
From what i read there was no crime committed.
This reminds me of the woman who downloaded a file that belonged to diebold,about the whole voting machine debacle.
Keep calling about your property.
Personally I wouldn't contact an attorney to just get it back,but if your seeking damages than that's a different story.
Good luck
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"What country can preserve its liberties if its rulers are not
warned from time to time that their people preserve the spirit
of resistance?" --Thomas Jefferson
I would defintiely look into a tort claim
against the PD. It would be worth your time to talk to an attorney about this. If you add up the value of your papers, music, other programs etc. You have and if it's related to your occupation, then hell ya they should compensate you for that. Talk to a few lawyers see how ambitious they are about it.