News Update by
Jennifer Granick
Following a hearing in the San Francisco Superior
Court today, DJs and party guests Justin Credible and
Matthew Higgins had their illegally seized laptops
returned to them. This is great news, and a real
relief to the pair who have been without their
machines for over a month. It started on Halloween,
when San Francisco police officers broke up a private
party and took the computers -- even though neither
laptop was being used to play music. The police
department attorney conceded at today's hearing that
no charges would ever be filed against Credible or
Higgins, which was clear from the very beginning.
San Francisco law currently requires after-hours
parties with live DJs to get a permit, and failure of
those throwing the party to do so can be punished as a
misdemeanor. But DJing an unpermitted party is not a
crime, and certainly not one for which one's laptop
could be forfeited and held. EFF brought witnesses
from the Halloween party and other events to testify
that what happened to our clients was part of a
pattern of illegal police practices, including rifling
through purses and backpacks to find and seize laptops
by people who were not even DJing. Both the
SF Guardian and the
SF Weekly have covered the story. The Court said
EFF's offer to prove that the laptop seizures were
both illegal and for the improper purpose of punishing
after-hours party guests should be heard by another
judge at a later time.
Side A of our efforts: accomplished. Stay tuned for
Side B of our effort to protect the privacy of San
Franciscans' laptops.
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