Archive Message - 1995
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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 -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- From news.interserv.net!news.sprintlink.net!howland.reston.ans.net!sol.ctr.columbia.edu!news.kei.com!ub!galileo.cc.rochester.edu!uhura.cc.rochester.edu!rlvd_cif Mon Jul 10 17:01:22 1995 Newsgroups: alt.religion.scientology Path: news.interserv.net!news.sprintlink.net!howland.reston.ans.net!sol.ctr.columbia.edu!news.kei.com!ub!galileo.cc.rochester.edu!uhura.cc.rochester.edu!rlvd_cif From: rlvd_cif@uhura.cc.rochester.edu (Robert Levandowski) Subject: Re: HELENA SPEAKS, AGAIN Message-ID: <1995Jul8.204419.7297@galileo.cc.rochester.edu> Sender: news@galileo.cc.rochester.edu Nntp-Posting-Host: uhura.cc.rochester.edu Organization: University of Rochester - Rochester, New York 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.]

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