Raid On Kim Dotcom's Mansion Wasn't Actually Legal [Updated]

One early January morning, hundreds of New Zealand police armed with guns and acting under orders from the US Department of Justice raided the home of Kim Dotcom, bagging and tagging everything related to alleged massive copyright infringement. 150 terabytes of information was seized, cloned and shipped to the FBI for analysis. It now turns out that the warrants that allowed those raids to take place were actually illegal. Whoops.

The New Zealand High Court has just declared the search warrants that were used to seize everything Kim Dotcom owned and send clones of his hard drives to the FBI were actually issued in contravention of New Zealand law.

Kim Dotcom had all his assets seized in the multi-agency raid designed to take down MegaUpload for alleged copyright infringement and money laundering activities. He and several of his associates who were also raided took the New Zealand Attorney-General to the High Court in an attempt to score some justice. Today they got some.

The High Court ruling handed down by Judge Helen Winkelmann found that the warrants were illegal, as was the shipping of cloned hard drive images to the FBI for analysis.

If you want to read the full 60-page judgment, it's over at the New Zealand High Court's website.

Basically this means that someone is going to be appointed to go through Kim Dotcom's seized assets and return to him that which isn't relevant to the MegaUpload investigation.

Update: Here's the non-statement from the New Zealand Police Service:

Police are considering the judgement and are in discussions with Crown Law to determine what further action might be required. Police will not be making any comment on the judgement until that process is complete.

And here's Kim Dotcom's reaction to the judgment, posted via Instagram. I don't get it either.


Comments

    It doesn't invalidate the Megaupload evidence?

      No, I think you'll find that kind of thing only happens in the US.

        I don't know about NZ law but in Aus, it would be inadmissible

    In NZ probably. I'd be surprised if it affects the US prosecution.

    The US Department of Justice is able to issue orders to the NZ Police department?

      NZ probably just isn't in the mood to piss off the US.

        Actually NZ has repeatedly pissed off the Americans. Usually over Nuclear weapons and such. A pity they have blindly done their bidding this time. NZ don't actually rely too heavily on the USA, they are reliant on Australia.

        Actually NZ has repeatedly pissed off the Americans. Usually over Nuclear weapons and such. A pity they have blindly done their bidding this time. NZ don't actually rely too heavily on the USA, they are reliant on Australia.

    That freaking picture... lol

      I think her mouth is actually bigger than his waist.

      Kim Dotcom has a variety of pics that are flat out bonkers. It's so wonderfully weird. Stay tuned for more.

    Thats why the USofA has the highest percentage of there population in Jail. Stuff the legalities of Law, as long as they can put the people they want to behind bars

    Kim likes VERFUKRUNG

    He is a king! Can Aus give him political asylum?

    I read most of the PDF. It sounds like the judge scorned the Police, the AG and the judge of the lower court but stopped short of ruling the seized materials inadmissible, instead they are allowed to sift through their illegally seized material and keep what an independent 3rd lawyer appointed to the case deems relevant to the case.

    For the most part, at least Dotcom will get a copy of his personal data back, while the judge can sound like he is siding with Dotcom, but at the same time allowing the NZ-conspiracy to get away with theft of evidence.

    This comment has been deemed inappropriate and has been deleted.

    As for the cake. Maybe Mega 1?... as in won?

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