U.S. judge throws out evidence in FBI ruse case

[Newsjock]

Source: Associated Press

A federal judge has thrown out evidence collected by FBI agents who posed as Internet repairmen to get into Las Vegas Strip hotel rooms last summer during an investigation into illegal bookmaking, and is giving prosecutors until Friday to decide whether to drop criminal charges altogether.

The ruling by U.S. District Judge Andrew Gordon in Las Vegas almost completely guts the case against Malaysian businessman Wei Seng "Paul" Phua, defense attorneys David Chesnoff and Thomas Goldstein said.

"There's no more evidence from anywhere," said Chesnoff, who has alleged investigative and prosecutorial misconduct and cast the case as a fight for people in their homes to be free from prying eyes of the government.

The judge's decision to suppress as "fruit of a poisoned tree" all evidence collected from three Caesars Palace high-roller suites occupied by Phua and several other people "sends a clear message that illegal searches will not be tolerated," Chesnoff said.

Read more: http://lasvegassun.com/news/2015/may/26/us-judge-throws-out-evidence-fbi-ruse-case/

[villager]

1. But, but, but... terror! Your 4th Amendment helps the enemy!

Good citizens have nothing to hide...

[Ford_Prefect]

2. They couldn't have gotten a warrant for the search? Was there no probable cause?

Last edited Wed May 27, 2015, 09:16 AM - Edit history (1)

Were they that lazy that they couldn't find a judge 1st? Were they in too much of a hurry to get the bad guys?

edited: Make No mistake, Phua is actually part of a Macau gambling triad. Too bad the FBI could't be bothered to collect evidence the right way.

[GGJohn]

3. Judges don't normally issue search warrants without probable cause,

the only way for the FBI to get the probable cause was to use this ruse, which highly violated the 4th Amendment.
If it wasn't for the FBI accidently admitting it on video, the defense would have never known about the illegal search, but you can bet the US Attorney knew and didn't disclose it to the defense during the discovery process.
Illegal FBI tactics and Prosecutorial misconduct are pretty clear here.

[Psephos]

4. yes, exactly n/t

[Ford_Prefect]

5. That was implied in my comments.

It is hard to understand how the FBI could NOT follow correct procedures and get a warrant that would have allowed the search if they already knew who Phua was and what had happened just prior to his arrival in Las Vegas.

Prosecutors allege that Phua, 51, is a top member of an Asian organized crime syndicate who flew to Las Vegas on his private jet last June, days after having been arrested and charged with operating an illegal sports-betting business in the Asian gambling hub of Macau.