A federal judge has ruled that FBI agents went too far when they shut off Internet service to a hotel room, then posed as repairmen so they could get a peek into the room without a search warrant

By Pete Williams

A federal judge in Las Vegas has ruled that FBI agents went too far when they shut off Internet service to a Las Vegas hotel room last summer, then posed as repairmen so they could get a peek into the room without a search warrant.

FBI agents cut off Internet service to the room at Caesar's Palace in Las Vegas where world champion poker player, Paul Phua, 50, was staying last July, and then claimed to be the repairmen summoned to fix it.

The FBI had received a tip that Phua and others in his entourage were illegally taking bets on the World Cup. The agents wore hidden cameras inside the room and said the footage proved those inside were making illegal bets.

On Friday federal Judge Andrew Gordon said the scheme violated Phua's right against unreasonable searches.

"Permitting the government to create the need for the occupant to invite a third party into his or her home would effectively allow the government to conduct warrantless searches of the vast majority of residences and hotel rooms in America," Gordon said.

"The government need only disrupt the phone, cable, Internet, or some other 'non-essential' service, and reasonable people will opt to invite a third party onto their property to repair it, unwittingly allowing government agents into the most private spaces to view and record whatever and whomever they see," he said.

Phua's son, Darren, pleaded guilty to reduced federal charges last month. Five others have reached plea deals as well. Paul Phua continues to fight the charges, and today's ruling is a victory for him.

IN-DEPTH

First published April 17 2015, 12:59 PM

Pete Williams

Pete Williams is an NBC News correspondent based in Washington, D.C. He has been covering the Justice Department and the U.S. Supreme Court since March 1993. Williams was also a key reporter on the Microsoft anti-trust trial and Judge Jackson's decision.

Prior to joining NBC, Williams served as a press official on Capitol Hill for many years. In 1986 he joined the Washington, D.C. staff of then Congressman Dick Cheney as press secretary and a legislative assistant. In 1989, when Cheney was named Assistant Secretary of Defense, Williams was appointed Assistant Secretary of Defense for Public Affairs. While in that position, Williams was named Government Communicator of the Year in 1991 by the National Association of Government Communicators.

A native of Casper, Wyo. and a 1974 graduate of Stanford University, Williams was a reporter and news director at KTWO-TV and Radio in Casper from 1974 to 1985. Working with the Radio-Television News Directors Association, for which he served as a member of its board of directors, he successfully lobbied the Wyoming Supreme Court to permit broadcast coverage of its proceedings and twice sued Wyoming judges over pre-trial exclusion of reporters from the courtroom. For these efforts, he received a First Amendment Award from the Society of Professional Journalists.

... Expand Bio

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