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FBI Must Return Kim Dotcom’s Illegally Seized Property 
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FBI Must Return Kim Dotcom’s Illegally Seized Property

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The New Zealand High Court has ordered the police to inspect all digital information illegally seized last year from Kim Dotcom’s mansion, and return everything not directly related to the ongoing prosecution. The judge further ruled that the FBI must ship back cloned drives that were sent to them, and destroy all copies the U.S. Government has archived.

Last year the search warrants used by police to raid the New Zealand home of Megaupload founder Kim Dotcom were ruled to be overbroad and illegal.

In addition, cloned copies of Dotcom’s hard drives sent to the FBI were deemed to have been unlawfully obtained.

After the ruling Dotcom’s legal team asked the court to order the return of Dotcom’s personal belongings, and in a ruling today Judge Helen Winkelmann did just that.

New Zealand police are now required to go through all illegally seized evidence to determine what is relevant to the ongoing prosecution, and to return the rest.

In her ruling Judge Winkelmann rejected the argument that the police made only a minor mistake resulting from a technical error in the FBI-requested seizure.

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Fri May 31, 2013 1:10 pm
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New Zealand police are now required to go through all illegally seized evidence to determine what is relevant to the ongoing prosecution, and to return the rest.


If it was illegally seized how can they keep any of it?

And would the FBI really give up the drives they were sent and not keep the contents elsewhere.

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Fri May 31, 2013 6:20 pm
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belchingmatt wrote:
Quote:
New Zealand police are now required to go through all illegally seized evidence to determine what is relevant to the ongoing prosecution, and to return the rest.


If it was illegally seized how can they keep any of it?

And would the FBI really give up the drives they were sent and not keep the contents elsewhere.

It could open up the possibility of the New Zealand Police being financially liable if the FBI do not return the property.


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Fri May 31, 2013 7:34 pm
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To paraphrase slightly, "Team America says, F You!"

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Fri May 31, 2013 7:37 pm
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JJW009 wrote:
To paraphrase slightly, "Team America says, F You!"

I suspect that will be the response. Sort of leaves the New Zealand police in deep doo doo legally.

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Fri May 31, 2013 10:15 pm
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I'm pretty sure the FBI will give that judgement the middle finger.

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Sat Jun 01, 2013 6:56 am
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so the evidence was obtained illegally.. mm even if they extradited him, sounds like the court case would eventually get thrown out of court (in the USA) due to inadmissible evidence.

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Sat Jun 01, 2013 11:53 am
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bobbdobbs wrote:
so the evidence was obtained illegally.. mm even if they extradited him, sounds like the court case would eventually get thrown out of court (in the USA) due to inadmissible evidence.

The key word in that is 'eventually'.
They will extradite him, leave him to rot in jail for about three years while stymieing the legal process at every stage to try to keep him there, then when he comes to trial they will ask for a ludicrous punishment (e.g. 25 years in gaol) in an attempt to plea-bargain down to a slightly less ludicrous punishment (e.g. 10 years on gaol). His lawyers will refuse (if they have an ounce of sense, which isn't actually guaranteed) and his trial will drag on for about another year or two and eventually be thrown out. He will then be put back on the first available plane to NZ in handcuffs and find himself back in his home country with his life in pieces all around him, even though he's never been convicted of anything. If I was him, I'd be fighting extradition like a cornered alley-cat as well.

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Sat Jun 01, 2013 2:18 pm
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What seems interesting is that the FBI are more than happy to protect the entertainment industry over the rights of individuals every day.

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Sat Jun 01, 2013 8:00 pm
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As the product of an illegal search (see the 4th amendment to the US constitution), the evidence is inadmissible in a US court. If they retain it in order to get clues leading to some other evidence that is not illegally seized, that other evidence would be Fruit of the Poisonous Tree, and therefore equally inadmissible. I'm not sure if holding the actual evidence would violate Due Process (it being a copy of the property rather than the property itself), but it would be a pretty reckless gamble on the FBI's part to just ignore this order.

So if the Feds don't comply with the order, they would be undermining any future case. Any vaguely competent defence lawyer would have him sprung pretty quickly.


Sun Jun 02, 2013 12:20 am
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