The 9th U.S. Circuit Court of Appeals declared that the FBI's unauthorized search of hundreds of safe deposit boxes violated the Fourth Amendment. The court's decision marks a significant victory for the victims of the 2021 raid, where millions of dollars were seized.

A class-action lawsuit filed in May 2021, claims a blatant breach of the Fourth Amendment rights of the box owners.

The Appeals Court decision, upholding constitutional rights and pointing out government overreach reversed an October 2022 ruling where a trial judge dismissed the class action claims. 

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Unauthorized Search

The FBI's actions came under scrutiny when agents targeted Beverly Hills-based US Private Vaults, a facility known for providing anonymity to its clients. 

Suspecting illegal activities such as money laundering, drug trafficking, and involvement in prostitution rings, the FBI seized and examined over 700 boxes, containing valuables exceeding $80 million. Cash, jewelry, personal items, and legal documents including wills, and prenups were among the seized possessions.

The initial trial judge dismissed the claims, contending that the FBI's actions were within the bounds of the law. 

On Tuesday, the 9th Circuit unanimously overturned the initial decision.

They declared that the FBI had exceeded the limits of its pre-raid warrant, explicitly restricting 'criminal search or seizure' of box contents.

The court criticized the FBI's warrant application, which failed to disclose critical details of the raid. Omitting FBI orders to field agents to “open every box, gather fingerprints, catalog contents, and subject cash to drug dog inspections.”

 Doubts about the nature of the search were further fueled by the government's subsequent use of seized information to obtain more warrants and initiate additional investigations.

Fourth Amendment

Under US law the Fourth Amendment is part of the Bill of Rights that protects people from unreasonable searches and seizures by the government.

During a December oral argument, judges on the panel condemned the FBI's warrantless search as 'egregious' and 'outrageous,' drawing parallels to colonial-era 'general warrants' and indiscriminate British searches.

The court's opinion echoed these sentiments, expressing grave concerns over the potential erosion of Fourth Amendment protections.

Just five days after facing intense scrutiny, the government filed a motion to destroy all records of the search, attempting to avoid a landmark ruling on the FBI's unconstitutional behavior.

Plaintiffs' attorneys viewed this as an attempt to 'sweep a massive constitutional violation under the rug.'

Despite the government's refusal to admit any flaws in the raid, the 9th Circuit delivered the ruling they sought to avoid. The court not only declared the FBI's actions unconstitutional but also mandated the destruction of all records related to the search, including database copies.

The U.S. Attorney’s Office for the Central District of California agreed to comply with the record destruction, refraining from discussing the ruling’s details. Rob Johnson, a lawyer with the Institute for Justice representing the plaintiffs, emphasized that the ruling prevents a dangerous precedent. And it serves as a warning to the government against Fourth Amendment violations.

"Today’s opinion draws a line in the sand,” Johnson announced. “If this had come out the other way, the government could have exported this raid as a model across the country. Now, the government is on notice its actions violated the Fourth Amendment."