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Comment Re:Slippery Slope continues. (Score 1) 305

Item (2), above, says that notice is provided once seizure takes place. If I walk out of the house in my bathrobe while they are loading the car on a wrecker, I would expect some explaination. But if they already have a warrant, I would not expect to be able to talk them out of it. (Perhaps I am wrong? I am no expert on rights in these scenarios.) But if I slept through the whole thing, or was not home, I don't know what would happen. Would they knock on the door? Leave a note? Call me and maybe leave a voicemail? Wait for me to call in and report* the car stolen?

In any case, I doubt that the requirements for contact during notice of seizure are as stringent as the requirements for, say, serving notice of court summons. Or maybe they are. But I agree: people should be informed either during such seizures or ASAP after the operation is finished.** The fact that the domain owner got his information from the registrar and not the authorities may say more about his diligent interest in the site's uptime than about the government's promptness in giving notice about these things. Perhaps there is a letter in the mail right now, sent by registered post.

However, as nice as it might be to have prior notice that the cops are going to come take my belongings, I don't expect them to set an appointment. If they think I am engaging in illegal activity, there is a long tradition in law enforcement of doing such things with no prior notice to those affected. Such notice would give criminals time to destroy evidence, leave town, stock up on ammo, or wire the car-to-be-confiscated with explosives. While I might not like the idea that my car can be seized without notice, the fact is that many, many seizures are performed in situations where real crimes have occurred, and giving notice does nothing but escalate the risk to law enforcement officers by an order of magnitude.

* "If he doesn't call the police, he must have something to hide!"
** Maybe the operation is not finished. There may be more that ICE is up to, and they might not give notice to domain owners until everything has been accomplished.

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