We all know exigent circumstances rule can be the basis for allowing the warrantless entry by law enforcement. For example, in a criminal trial the prosecutor could show that even though the cops did not have a search warrant to enter your home or business, an emergency situation existed requiring swift police action to (a) prevent imminent danger to life or (b) serious damage to property, or (c) to forestall the imminent escape of a suspect or (d) the destruction of evidence.
Therefore, unless these exigent circumstances existed at the time of the raid in cases where the cops did not have a search warrant, the judge or commissioner should grant the defense motion to suppress or exclude any evidence obtained by law enforcement.
But, in California a long established association, the RIAA (Recording Industry Association of America) has used its clout and support from the major recording labels to foster the authoring of a bill designed to allow itself and law enforcement to enter CD and DVD manufacturing plants without notice or court order and search for illegal duplicates of music and movies! Needless to say the searches and seizures may be made without "probable cause" as well?
This amazing revelation came to light in the Los Angeles Times article.
The bill was authored by Senator Alex Padilla and has caused concern amongst Constitutional scholars. The bill, SB 550, would drastically amend the Business and Professions Code in California but the manufacturing of pirated CDs and DVDs also subjects the perpetrators to criminal liability under Title 17 of the United States Code. In other words, this means a possible $500,000 fine and up to 5 years as a guest of the Bureau of Prisons.
The RIAA is supported by the remaining major recording companies (I believe the number is 4). The changes in the music industry have been enormous. Unknown artists are gaining vast recognition by virtue of the Internet. Independent music distributors such as CD Baby and Tunecore are distributing music by means of digital transmission. No longer is the buyer of music forced to buy an entire CD.
I might remind you of the near past when you heard a song on the radio and ran out to buy the CD for 12 to 15 dollars only to find out that none of the other songs that you "didn't" hear were trash. The solution is the Internet, where you can buy one cut for .99 cents to $1.29, and create your own CD or music show, sitting at your computer. You have the benefit of an iPod and the largest distributor of music "in the world" iTunes amongst others.
These times are the Wild West and the new frontier of music creation. Any talented musician can create her own CD. She can perform and record the music and assign it to a company for distribution and account for sales and will pay them royalties if and when there is a sale. The market is worldwide. There are no more Tower Records, Wherehouse or Licorice Pizza chains. This is why the record companies are losing money.
When was the last time you went out and bought a CD? And now, movies are heading in the same direction via computer to TV. Although there is still something to be said for a night out at the movie theater, the Blockbuster chains are reduced to kiosks in 7-11 stores.
Today, it is the disc duplication and manufacturing companies targeted by the RIAA. Tomorrow, it could be medical marijuana patients targeted by the alcohol and tobacco industry.
Whatever happened to being the land of the free? The Fourth Amendment's guarantees the citizens of the USA freedom from unreasonable searches and seizures by the Government. This is one of the many great ideas the framers had when creating this country which sets it apart from others and makes it great.
This article is written by Gold Leftwich & Wagner under the creative commons legal theory. You may reproduce this article, only if you agree to give this original article credit to the writers. We feel that as the Constitution is whittled away by people that have pecuniary interests in doing so, then we are giving up rights that we have worked so hard to maintain. Therefore, this situation in California has a potential effect on all of us, no matter what State we live in.