Attorney Mark Reichel filed a seven-page motion in federal court today to try to regain possession of two laptops and a cellphone belonging to Mayor Anthony Silva. Reichel said the matter could take up to two weeks to reach court. If you haven’t heard, Silva was detained and his electronic equipment seized by federal agents at San Francisco International Airport upon his arrival back from China on Monday.
has not returned phone calls today answered his phone late this afternoon but said he was limited in what he could comment on. He did admit he is beginning to wonder after this episode and a much more limited detention during the summer when he returned from a trip to Mexico whether rumors of a federal investigation are true. “After going through something like this, of course,” Silva said.
Reichel’s motion includes several details about what happened Monday at SFO.
It says Silva’s equipment was “seized, searched and retained” by Sacramento-based Agent Derrick Osborne of the Department of Homeland Security. It continues:
“The detention, search and seizure is unlawful. Mr. Silva, who was not free to leave when he was detained and questioned by the officers of DHS, refused to provide his password for the electronic devices. Despite his many refusals to provide that password, the DHS officers insisted that he had no such right and also that he was required to provide the password. He has a valid Fifth Amendment Right to not provide the passwords, and the officers were in direct violation of those rights to insist and ‘require’ that he provide them.”