Ross Ulbricht: FBI Didn't Have Search Warrant, Violated Fourth Amendment

[coinfinance]

A new statement released by the defense team of Ross Ulbricht, the alleged owner of Silk Road, a DarkNet drug marketplace, accuses the Federal Bureau of Investigation (FBI) of violating the Fourth Amendment of the United States Constitution. They claim that the Bureau did not have a legal search warrant when they found the Silk Road servers, which were located in Iceland. Ulbricht’s defense has requested that the court drop all charges, since the federal government of the United States broke their own laws when seeking out the location of the Silk Road Servers.


More info at http://coinfinance.com/news/ross-ulbricht-fbi-didnt-have-search-warrant-violated-fourth-amendment

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[JohnnyBTCSeed]

If you see something say something!!!!!

911 + patriot act + NDAA = We Don't NEED no stinking search warrant.

Ross is lucky he is still alive and not disappeared.

The SanFran library is lucky it wasn't droned.

[keithers]

IMO this case is too high profile for a judge to grant a dismissal. They are throwing the book at him to make an example so that others won't think about following in his footsteps

[xDan]

did anything like this ever get off on a technicality?

I feel sorry for the guy, appears to be desperately trying everything without believing that he's doomed.

[DeathAndTaxes]

IMO this case is too high profile for a judge to grant a dismissal. They are throwing the book at him to make an example so that others won't think about following in his footsteps

People started following in his footsteps within days.

Still I love the low quality reporting by coinfinance

In the US legal system, if it can be proven that a law enforcement official searched the property of a suspect, without his or her consent, without first obtaining a warrant, all charges against the suspect must be dropped.

Well no that is not the case.  Evidence from an illegal search can be excluded on the grounds that it violated the defendants rights.  It is also possible that any subsequence evidence obtained could also be excluded "fruit of the poisonous tree".  That is what the lawyer is seeking.

Even if a judge agrees and excludes some or all of the evidence, it is possible to sustain the indictment using evidence which isn't excluded.  On the other hand it is is possible that with the evidence excluded the government will not be able to meet the minimum burden required.  The defense would then move to have the charges dropped with prejudice (jeopardy has already attached) on the grounds that the prosecution has not met its prima facie case.  This could be done immediately and it could also be done when the prosecution rests its case.  It would be a huge victory for DPR but there is no magic "bad search = drop charges" law in the US.

[blumangroup]

IMO this case is too high profile for a judge to grant a dismissal. They are throwing the book at him to make an example so that others won't think about following in his footsteps

I doubt that trial judge will dismiss the case based on a technicality, however I would say there is a good chance that he can win via the appeals process.

[ShakyhandsBTCer]

IMO this case is too high profile for a judge to grant a dismissal. They are throwing the book at him to make an example so that others won't think about following in his footsteps

People started following in his footsteps within days.

Regardless of when/if people followed in his footsteps a judge cannot take this kind of issue into consideration. The only things the judge (and jury can take into consideration are the underlying facts of the case.

[dserrano5]

They are throwing the book at him to make an example so that others won't think about following in his footsteps

What footsteps? Publishing his personal email? That is what people should learn not to do.

[ForgottenPassword]

IMO this case is too high profile for a judge to grant a dismissal. They are throwing the book at him to make an example so that others won't think about following in his footsteps

People started following in his footsteps within days.

Allegedly there was a procedure in place by Silk Road staff to allow for the easy launch of Silk Road 2 if anything bad ever happened to the original Silk Road.

From what I can tell, all the Silk Road bust has done is provide free advertising for darknet marketplaces. After the bust there was a huge rush of people to sign up on Silk Road 2 and competitors, most of which are running smoothly.

[DeathAndTaxes]

doubt that trial judge will dismiss the case based on a technicality, however I would say there is a good chance that he can win via the appeals process.

I wouldn't call an unconstitutional search to be a technicality and I certainly would hope that a judge wouldn't either.  That being said we don't really know how strong the claim of a 4th amendment violation is.  A judge may disagree and allow the evidence to be presented.

[arbitrage001]

Interesting case to watch.

Huge ramification for bitcoin related business.

[galbros]

First, I don't think a judge would have any issues dismissing this case if he/she wanted to.  After all, courts rule against the government (FBI) all the time in the USA.

However, even if this works, I don't think it ends the case.  He was apprehended in a public place so no warrant needed for that.  So maybe they have a harder row to how, I don't thing the US Govt. case is broken by this. 

Of course, I could be wrong, if I was a lawyer I'd be billing people $300 an hour not hanging out on bitcointalk!

[iluvpie60]

A new statement released by the defense team of Ross Ulbricht, the alleged owner of Silk Road, a DarkNet drug marketplace, accuses the Federal Bureau of Investigation (FBI) of violating the Fourth Amendment of the United States Constitution. They claim that the Bureau did not have a legal search warrant when they found the Silk Road servers, which were located in Iceland. Ulbricht’s defense has requested that the court drop all charges, since the federal government of the United States broke their own laws when seeking out the location of the Silk Road Servers.


More info at http://coinfinance.com/news/ross-ulbricht-fbi-didnt-have-search-warrant-violated-fourth-amendment

They don't need a search warrant for Iceland, Iceland cooperates with the U.S. as part of a treaty. It was very likely they just let them take it, it was probably Iceland that had the search warrant then gave it over to the U.S. Its not like the U.S. would just show up outta nowhere in Iceland and start "stealing servers" from some guy who hosts the servers. I mean c'mon.

CRITICAL THINKING....


Who cares about Ross he is a scum bag and hurt bitcoin, as my constructive post states he is a destructive character!

[Razick]

They are throwing the book at him to make an example so that others won't think about following in his footsteps

What footsteps? Publishing his personal email? That is what people should learn not to do.

When I first read about this case it puzzled me why someone so good at keeping himself anonymous would make such a simple mistake.

[escrow.dude]

They are throwing the book at him to make an example so that others won't think about following in his footsteps

What footsteps? Publishing his personal email? That is what people should learn not to do.

When I first read about this case it puzzled me why someone so good at keeping himself anonymous would make such a simple mistake.

He made the mistakes very early on. Likely at a time when he did not expect SR to be massively successful. I would also not be surprised if he was able to get some advice along the way.

[jbreher]

They don't need a search warrant for Iceland

How 'bout some critical thinking?

The 4th Amendment is part of the Bill of Rights. The rights enumerated therein are not privilege granted by nature of geography. They are inalienable rights, endowed by the creator. If the right applies to any human within the boundary of the USA, it applies to all humans anywhere.

[Lauda]

Ross will probably get the death penalty.

I highly doubt that people get the death penalty for hosting a service (?).If enough evidence gets dismissed he might end up being free and having a laugh at them.

[keithers]

IMO this case is too high profile for a judge to grant a dismissal. They are throwing the book at him to make an example so that others won't think about following in his footsteps

I doubt that trial judge will dismiss the case based on a technicality, however I would say there is a good chance that he can win via the appeals process.

The worst part about it is that it is no skin off the government's back if he wins or loses. It's all funded on our tax dollars

[iluvpie60]

They don't need a search warrant for Iceland

How 'bout some critical thinking?

The 4th Amendment is part of the Bill of Rights. The rights enumerated therein are not privilege granted by nature of geography. They are inalienable rights, endowed by the creator. If the right applies to any human within the boundary of the USA, it applies to all humans anywhere.

way to not quote the rest. gg.

[mnmShadyBTC]

IMO this case is too high profile for a judge to grant a dismissal. They are throwing the book at him to make an example so that others won't think about following in his footsteps

I doubt that trial judge will dismiss the case based on a technicality, however I would say there is a good chance that he can win via the appeals process.

The worst part about it is that it is no skin off the government's back if he wins or loses. It's all funded on our tax dollars

Prosecutors can be held accountable if they bring someone to trial but lose. Judges are held accountable if they make outrageous rulings. The police can be held accountable if they try to bring charges against people and the charges do not stick.