Evidence Suppression:  A Case History

Federal Case No. 97-470-CR-T-25(B)

by Lonnie Kobres

Americans seem to believe that an objective of their court system is to determine the "whole truth and nothing but the truth."   Honest people who have observed the courts up close will admit this is not necessarily so¹.   Logic dictates that there are just as many evil people within government as there are outside government.  Under the guise of "justice," evil people within government routinely manipulate the awesome power of the courts in order to carry out their depraved, egotistical objectives.

With the advent of the Internet it has become difficult for these people to conceal their abuse.  Serving a 14 count criminal indictment on an otherwise honest citizen for nothing more than operating a small, non-profit, community-based, broadcast station constitutes in and of itself ample evidence of abuse of power.  To deny the targeted individual the right to present his exculpatory evidence to a jury equates to jury tampering, which is a criminal offense.

While studying for my First Class Commercial Radio Operators license, an official FCC study guide taught me that no station license was required for radio transmissions that were confined in a single state.  I needed to rely on the information heavily because no license was available for my 40 watt station.   When I tried to use this study guide in court to show that there was good authority for my actions, I was denied that right.  I requested that my study guide be returned to me.  My request was denied.

I have obtained an identical FCC study guide.  Below you will find photos of the front cover, as well as the all-important pages that contain Section 301 of the Communications Act of 1934.   Section 301 is the licensing statute.  Via the miracle of the Internet, you can now see what the court did not want anyone to see.  The FCC did not originally require any license for intrastate radio transmissions.  In order to skew the trial outcome in favor of the government, the court had to conceal this information from the jury.

Front cover of official  FCC Study Guide
click on thumbnail for larger view

Licensing requirements are explained in Section 301 of the Communications Act of 1934.  Section 301 begins on  Page 121 of the Study Guide.  Section 301 ends on Page 122.

View Section 301 without loading above two full pages:

Section 301 is concluded on Page 122:

Conclusion:

Section 301 of the Communications Act of 1934 cites all circumstances under which an FCC license is required.  There is no licensing requirement for radio transmissions that have an effect confined to a single state.  The transmissions of Lutz Community Radio were confined to Florida state.   This information, taught to me by this official FCC study guide, had to be concealed from the jury in order to obtain a successful prosecution.