Tuesday, February 10, 2015

Judge Fed Up With FBI Frame-Ups

So are the rest of us:

"US judge in Vegas says evidence tainted in Web gambling case" Associated Press  February 03, 2015

LAS VEGAS — Undercover FBI and Nevada regulatory agents misled a federal judge and violated the rights of a wealthy Malaysian businessman and his son by posing as Internet repairmen to get into Las Vegas Strip hotel rooms in a gambling inquiry last summer, a US magistrate judge said.

At least they were not impersonating reporters.

In a case with Fourth Amendment implications, US Magistrate Judge Peggy Leen said evidence the agents collected as a result of the ruse didn’t justify the deception used in the case involving Wei Seng ‘‘Paul’’ Phua and his son, Darren Wai Kit Phua.

Leen called for evidence to be thrown out. She previously acknowledged the likelihood that her decision would be appealed.

US District Judge Andrew Gordon would make a final ruling on the evidence and preside if there is a trial.

There was no immediate reaction from federal prosecutors or the FBI to Leen’s strongly worded ruling, dated Friday and posted Monday in Las Vegas.

A defense attorney said that without evidence, the entire case should be dismissed.

The Phuas have pleaded not guilty to transmission of wagering information and operating an illegal gambling business. Combined, the charges carry the possibility of up to 14 years in prison.

The defense maintained during four days of hearings in December that entry by the agents into three Caesars Palace resort villas, including one occupied by the Phuas, was an unconstitutional warrantless search of private property. 

It's called data collection, and what of it?

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