Clarification re: the laws governing the seizure of the mayor’s devices

Jumana Musa, senior privacy and national security counsel for the National Association of Criminal Defense Lawyers, was the prime source in today’s latest article on the confiscation of Mayor Anthony Silva’s electronic devices.

This morning, Musa requested a clarification on this paragraph from today’s story:

“But Musa did echo Silva’s concern over the “reasonable suspicion” legal standard the government uses as justification to search and seize the electronic devices of people crossing borders into and out of the United States.

Here’s what Musa emailed me clarifying the matter:

“There is no ‘reasonable suspicion’ legal standard for the government to search and seize these devices at the border. Rather, by virtue of a decision by the 9th Circuit, that ‘heightened suspicion’ standard only applies when the seized device (is) then sent for a forensic search. As far as the initial search and seizure at the border, that is entirely discretionary.”

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(UPDATED) Silva’s attorney files motion to get two laptops and cell phone back from feds

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.

Silva 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.”

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Silva issues statement

You may have heard Mayor Anthony Silva’s electronic gear was seized by federal agents when he arrived back from China on Monday. Here’s a link. And he just released this statement:

From the Office of Mayor Anthony Silva

Press Release-October 1, 2015

Stockton, California

My name is Anthony R. Silva, and I am the Mayor of Stockton, California.

On Saturday September 28, 2015 I attended a Mayor’s Conference to China to promote “good will” between the Chinaand the United States. The trip was hosted and sponsored by China Silicon Valley and the primary goal was to promote our Cities and investment opportunities.  I had a wonderful experience on this trip. Upon my return on Monday September 28, 2015, I was briefly detained by the Department of Homeland Security. They searched my belongings.  A few minutes later, (2) DHS agents confiscated all my electronic devices including my personal cell phone.  Unfortunately, they were not willing or able to produce a search warrant or any court documents suggesting they had a legal right to take my property. In addition they were persistent about requiring my passwords for all devices. Although they were reluctant at first to present their badge and credentials; they eventually showed me their identification and gave me a business card. They indicated that this action to confiscate personal property at the airport was in fact routine and not unusual. They promised to return my items within a few days. They also mentioned that I had no right for a lawyer to be present and being a United States Citizen did not entitle me to rights that I probably thought. 

My lawyer contacted immediately contacted the U.S. Attorney’s Office in Sacramento and was told “We can neither confirm ordeny if we have the Mayor’s possessions.” 

“I have a profound respect for the efforts of the United States government to protect our borders and ensure our safety and security. I am happy to cooperate and comply with these inspection procedures if they are in fact routine and legal.”

“I think the American People should be extremely concerned about their personal rights and privacy.  As I was being searched at the airport, there was a Latino couple to my left, and an Asian couple to my right also being aggressively searched. I briefly had to remind myself that this was not North Korea or Nazi Germany. This is the land of the Free.” 

“I don’t believe that any American would want any government agency to read through your e-mails, text messages, and social media without a warrant.”

“I am confident that any forensic search of my personal devices will never ever show illegal or inappropriate activities of any sort.” 

I am deeply concerned about the recent allegations made toward our government and a congressman who was targeted and embarrassed by a government agency; and I would hope that these sorts of allegations were not true.

I am pleased to cooperate in any way I can and get my property returned.

The City of Stockton has come a long way in the past 2 years and I look forward to continue fighting to make my City a better place to live, work, and raise a family. 

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Affordable housing public workshop this evening

Here’s today’s story.

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Notes from The Record’s China correspondent

Mayor Anthony Silva is with a group of California mayors in China. Here is an email we received from him last night. Also, the mayor sent photos. Some are below.

Read More »

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Ten Space issues press release regarding Tim Egkan; public vigil planned for Wednesday

Ten Space President Zac Cort issued a press release a little while ago regarding the tragic death of Tim Egkan.

Cort wrote in the release that the work to revitalize downtown Stockton will push forward despite Egkan’s passing.

You can read the full release here.

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Measure A progress report

David Renison of the San Joaquin Taxpayers Association, who sits on the advisory board overseeing the Measure A public-safety sales tax,  provided an ongoing diary this morning of the progress since the 2013 voter-approved initiative took effect.

You can view it here. The next meeting of the citizen’s commission is at 9 a.m. Sept. 24.

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Fitz takes on Silva, Fugazi takes on Fitz

Michael Fitzgerald weighed in today on the Stockton mayoral race, newly reconfigured with Michael Tubbs’ announcement that he is running. As he tends to do, Fitz delicately opined on Mayor Anthony Silva:

“Silva is a spectacular failure of Stockton populism. The meteor that struck Arizona did not make such a crater.”

Earlier this week on his blog, Fitz also referred to Silva as a “toxic cipher.”

Councilwoman Christina Fugazi, Silva’s closest ally and his appointed vice mayor, defended the mayor this morning on Facebook:

“After hearing my paper hit the front porch, I opened it up to see Fitzgerald’s article, ‘Needed: A mayor for both Stocktons.’ I feel obligated to respond. For whatever reason, Fitzgerald hates Silva and makes no excuses for it. Is it because he hates that part of our city that is not part of the establishment guard? Sometimes it seems as if Fitzgerald is the unapologetic columnist for the establishment that patted themselves on the back as they drove over us and then drove us off a cliff. The day before Silva won his historic upset over the establishment, Fitzgerald publicly proclaimed Silva’s campaign dead on arrival. He emphatically said that it is impossible for Silva to get elected. He was wrong then and his latest effort is equally off base. How can Fitzgerald be so disconnected from the majority in the city? Maybe it is because his dogma overrides the reality that surrounds him on a daily basis. How can the weight of everything that is wrong in Stockton rest solely on the shoulders of our mayor, yet anything that is right is the result of anyone other than our mayor? The truth is that no mayor in our history has ever worked harder to bring divergent interest together for the common good. Let’s be honest, Fitzgerald never gave him a chance. He wants him to fail, which equates to wanting us all to fail.”

Only nine more months until the June primary!

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Silva reacts, plus complete interview with Tubbs

As reported today, City Councilman Michael Tubbs has decided to run for mayor in 2016 against incumbent Mayor Anthony Silva as well as Supervisor Carlos Villapudua and resident Gary Malloy.

I sought comment this morning from Silva. Late this afternoon, saying he has a packed schedule and is in a workshop and unable to call, Silva sent the following email sharing his reaction to Tubbs’ candidacy:

“Elections are about ideas. They are not about personalities. I have been on a mission to make Stockton a safe City from the first moment I ran for office and was elected. I have never waivered from my position that retaining officers and increasing staffing was the number one issue to becoming a safer City. There was a lot of 7-0 votes on the road to becoming an unsafe City and a Bankrupt City. I don’t apologize for shaking up City Hall when I first arrived. But now there is more consensus on the Council regarding the issues that most impact our quality of life. I have worked hard on projects such as the Animal Shelter, the Homeless, the Asparagus Festival, City-Wide Fireworks Show, the City Charter, Recruiting new companies, attempting to build 1000 new infill homes, and youth programs. I want to be judged on how I have improved the life of all Stocktonians after my 4 years is finished. My job is not finished.”

As for Tubbs, only a small portion of our interview made it into today’s story. If you want to read much more of the interview with Tubbs , click here.

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Read Stockton’s complaints against two medical-marijuana dispensaries

As reported today, the city last week filed lawsuits against two medical marijuana dispensaries.

Click on the links to read the complaints against Elevate Wellness and Collective 1950.

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