Judge: Search and seizure at Dotcom mansion illegal

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Police search of Dotcom mansion ruled illegal

3News NZ

Kim Dotcom

Kim Dotcom

By 3 News online staff

The police search and seizure at Megaupload founder Kim Dotcom’s mansion has been ruled illegal by a High Court Judge.

Chief High Court Judge Helen Winkelmann released the ruling this evening.

She also has ruled that it was unlawful for copies of Dotcom’s computer data to be shipped overseas to the United States.  

Legal counsel for Dotcom told 3 News he was very happy with the decision and they are currently digesting the news and analysing their next steps.

Dotcom’s wife, Mona, took to Twitter after the announcement was made public, tweeting: “Amazing news today!!!”.

Major setback for FBI in Dotcom case 

In a summary of her findings, Judge Winkelmann said the warrants executed by police “did not adequately describe the offences to which they related”.

“Indeed they fell well short of that. They were general warrants, and as such, are invalid.”

Judge Winkelmann said the warrants were for seizure of a “very broad category” of items – meaning inevitably both relevant and irrelevant items were seized in the raids.

“The police relied on invalid warrants when they searched the properties and seized the various items. The search and seizure was therefore illegal.”

Dotcom appeared in court last month contesting the raids and had asked for CCTV footage to be released.

He says computers seized from him contained personal information, including family home movies, and data needed to defend his upcoming court case.

Police say they are "considering the judgement and are in discussions with Crown Law to determine what further action might be required". They will not be making any further comment on the recent judgement until those discussions are "complete".

Kim Dotcom spends night at local residents association 

Dotcom and three other men were arrested at Dotcom's $30 million rented mansion in Coatesville, Auckland, in a police raid on January 20.

They face charges in the US of racketeering, copyright infringement and money laundering and are awaiting proceedings to extradite them to the US.

Dotcom has denied any wrongdoing.

The US Government is seeking to extradite Dotcom on charges that include copyright infringement relating to the Megaupload file-sharing website that he founded.

Dotcom is currently on bail and will face the extradition hearing in August.

3 News

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Comments

15/07/2012 4:43:41 a.m.

Grant Latimer wrote:

When somebody becomes too sucessful and advertises through song just how many uploads converting to dollars are being made ...the Green eyed monsters come out. They come in all forms and especially those who do not fully understand the benefits of file shaing and are left out, those monsters raise their ugly heads as we have seen with Mr Dotcoms case.
Share the love Dotcom, this is New Zealand pal !

7/07/2012 8:59:41 a.m.

Gosh wrote:

What a load of crap. This guy is a thief plan and simple. He steals from artists and the creative community at large.

2/07/2012 7:29:17 a.m.

John Ernest wrote:

keep up the good fight.You deserve a win. Good Luck.

30/06/2012 10:18:26 a.m.

Anne wrote:

Leave Dotcom alone.Hasn't he been punished enough

29/06/2012 8:38:50 p.m.

Fair Kiwi wrote:

Well done Judge Helen. I think an apology from the NZ Government is also in order. Mr dotcom must be allowed to stay in NZ and all his property and money returned. Governments all over the world are going too far. These stand-over tactics must stop. The people of the world have had enough. Too many taxes and to many outrageous laws. The people are the world, not a handful of blood suckers.

29/06/2012 5:49:09 p.m.

Mike wrote:

Kim Dotcom is a kind man. Who would have thought that it would be his crime. This has erased my pride as a New Zealander permanently. The FBI clearly need heaps of sense hammered into them. Online piracy is the least of the issues in the world. The FBI should actually be completely restaffed.

29/06/2012 1:12:39 p.m.

Sam wrote:

If you read history, you will read about the Guttenberg press. That machine revolutionalised the print industry, and humanity probably rode out of the dark ages on it. If I read history correctly the "establishment" tried to get rid of it. Did it work, obviously not, the same as what will happen to the internet revolution, once started there will be no stopping. Why we are lackies to those clowns from the whitehouse beats me.

29/06/2012 12:15:18 p.m.

Richard wrote:

How incredibly incompetent and embarrassingly stupid. I can see a line of lawyers battling to take on this one. This will be the biggest law suit NZ has ever seen. And so it should be so that this never happens again.

29/06/2012 8:15:55 a.m.

jan.. wrote:

I guessed the police and the armed squad was only doing their job specially when the American and Germanies CIA and the FBI accusing Dotcom of frauds that caused the awareness of all New Zealanders safety.. A Millionaire Kim Dotcom and his family were granted with a New Zealand residency for 10 million dollars by the Government, but why the prison and why did Banks denied the donation he asked for, even denied to help when Dotcom was in need then has the chicks to asked for two cheques..
The Government and his accomplised betrayed Kim Dotcom and the people of this country by denial, injustice and frauds..
Dotcom was actually working outside America and Germany when he was accused of frauds and laudered..
New Zealanders are fetch up with all the shits throwing at there faces that are desperately seeking for a new Government to act on behalf of there country and it's people safety..






29/06/2012 2:17:54 a.m.

joey wrote:

It's apalling that when push comes to shove, NZ doesn't give its residents any protection against dodgy and illegal foreign bullying. Good to see that the FBI's lapdog got told off. Now give Kim back his stuff and tell the Hollywood police to get lost.