A federal circuit court this week ruled that the FBI overstepped the Fourth Amendment when it rifled through safety deposit boxes belonging to Californians.
FBI Overreach
In a Tuesday opinion, the 9th U.S. Circuit Court of Appeals found that the FBI’s investigation into US Private Vaults violated the constitutional rights of its customers. Agents seized and examined over 700 boxes, containing items worth upwards of $80 million, reports indicate.
A Big Gamble?
The 2021 raid targeted Beverly Hills-based US Private Vaults, known for guaranteeing anonymity to its clients. Authorities suspected the company and its patrons of involvement in illegal activities like money laundering, drug trafficking, and running prostitution rings.
Raid Aftermath
The FBI’s 2021 raid involved confiscating millions in cash, along with various items like jewelry, personal belongings, and important documents including wills and prenups from the deposit boxes.
Victims Fight Back in Court
Victims of the raid filed a lawsuit in May 2021, claiming a blatant breach of their Fourth Amendment rights. However, in October 2022, a trial judge dismissed these claims.
Unanimous Reversal
This week, the 9th U.S. Circuit Court of Appeals unanimously overturned this decision, stating the FBI had overstepped the limits of its pre-raid warrant, which specifically did not permit a ‘criminal search or seizure’ of the box contents.
FBI’s Legal Mistake
The FBI’s warrant application also failed to disclose crucial aspects of the raid, including orders to open every box, gather fingerprints, catalog contents, and subject all cash to drug dog inspections.
Criminal Search?
The 9th Circuit emphasized that any doubts about the raid being a ‘criminal search or seizure’ were dispelled by the government’s use of the seized information to secure more warrants and initiate additional investigations.
Colonial Times Parallel
At the December oral argument, a judge on the 9th Circuit panel described the FBI’s warrantless search of each safe deposit box as ‘egregious’ and ‘outrageous,’ drawing a parallel to the excessive ‘general warrants’ of colonial times.
Another judge compared the FBI’s actions to the indiscriminate British searches for smuggled goods in colonial America.
Historical Example
The 9th Circuit’s opinion echoed these sentiments, expressing grave concerns over the government’s inability to justify why its actions wouldn’t lead to the same kind of limitless searches that the British conducted, which ultimately led to the creation of the Fourth Amendment.
A Legal Cover-Up?
Just five days after this intense scrutiny, the government sought to prevent a landmark ruling on the FBI’s unconstitutional behavior by filing a motion to destroy all records of the search. This sudden reversal, after more than two years of opposing such a move, was seen by the plaintiffs’ attorneys as an attempt to ‘sweep a massive constitutional violation under the rug’.
No Admission
Despite the intense scrutiny, the government did not admit any flaws in the FBI’s raid. Instead, they argued to the 9th Circuit that they wished to avoid a formal judgment criticizing law enforcement’s actions or questioning their intentions in a case where a company allegedly facilitated criminal activities through anonymous safe deposit boxes.
Court’s Final Word
On Tuesday, the 9th Circuit delivered the very ruling the government hoped to avoid, also mandating the FBI to eliminate all records of the search, including database copies
No Comment
The U.S. Attorney’s Office for the Central District of California, through its media relations director Thom Mrozek, refrained from discussing the ruling’s details but agreed to comply with the record destruction.
A Warning to Government
Rob Johnson, a lawyer with the Institute for Justice representing the plaintiffs, stated that it not only prevents a dangerous precedent but also serves as a warning to the government against Fourth Amendment violations.
A Line Drawn
“Today’s opinion draws a line in the sand,” Johnson announced.
“If this had come out the other way, the government could have exported this raid as a model across the country. Now, the government is on notice its actions violated the Fourth Amendment.”
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