This represents a precedent that could be a big win in the DPR appeal process, directly affect current cases awaiting trial, and going forward could strongly limit the tools the FBI can use toward unfairly obtaining actionable evidence and search warrants.
In a statement of affirmation;
.
Paul Phua, poker player, illegal world cup betting ring
Paul Phua: With the prosecution case gutted, can it still go ahead?
FBI Evidence Thrown Out in Phua Case
A federal judge has ruled that his Fourth Amendment rights were violated
Paul Phua, the high stakes poker player currently standing trial for allegedly masterminding a multi-million dollar World Cup betting ring from inside Caesars Palace, has received a huge lifeline in his bid to leave court a free man.
On Friday a US district judge called for the evidence gathered by the FBI during a controversial sting operation to be thrown out of court, essentially gutting the prosecution's case.
The FBI violated Phua's rights when agents asked Caesars staff to cut the internet connection to three luxury high-security villas, rented by Phua and associates, before posing as repair technicians to gain access, said the judge.
He also ruled that the FBI had duped a magistrate judge into granting a search warrant by not disclosing full details of their plans.
The defense said previously that it had been shocked to learn that the FBI had enlisted the help of a Caesars contractor to shut down wireless access.
"Law enforcement can't break something in your house and pose as repair people to get inside," said attorney David Chesnoff.
Fourth Amendment Violation
US District Judge Andrew Gordon agreed, ruling that the operation violated Phua's Fourth Amendment rights. The amendment prohibits "unreasonable searches and seizures" and requires warrants to be supported by "probably cause."
"Permitting the government to create the need for the occupant to invite a third party into his or her home would effectively allow the government to conduct warrantless searches of the vast majority of residences and hotel rooms in America," Gordon wrote in his decision.
"The government need only disrupt the phone, cable, internet or some other 'non-essential' service, and reasonable people will opt to invite a third party onto their property to repair it, unwittingly allowing government agents into the most private spaces to view and record whatever and whomever they see."
Phua gotta be kidding me.