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Can the FBI Simple Give Themselves More Power?

Federal criminal defendants may soon ask: What does the new FBI rules mean to future criminal defendants in Cincinnati and Northern Kentucky? The FBI has declared that the agents now have significant new powers which allow them leeway to search databases, go through household trash and use surveillance teams without opening an official investigation. The Full story is available by clicking link to MSN/NY Times article. The new rules give agents power to investigate where there is insufficient suspicion to obtain a search warrant and can be based on behavior of potential defendants. Amendment IV to the United States Constitution states: "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." While the new FBI policy seems clear, the end result and ultimate legality of these searches remains unclear. The Fourth (not First) Amendment still remains viable and secures persons against unreasonable searches and seizures. Whether the new FBI investigative techniques are a violation of the Fourth Amendment is a question for the various Courts to answer. If a Court determines that the investigation was beyond the bounds and violates the 4th Amendment, evidence discovered may be suppressed in a criminal trial. Whether you have a Federal charge wherein the FBI used these new search techniques or you have a state case in Kentucky or Ohio and you do not agree with the charges, you should discuss with your criminal defense attorney. If you have been arrested or charged with a crime, you should contact an attorney to protect your rights. If you believe that the search and seizure of evidence is in violation of the 4th Amendment, you should challenge the government in trial. For a consultation in Cincinnati or Northern Kentucky, contact Michael W. Bouldin at mwbouldin@fuse.net or call 859-581-6453.

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