Justice Winkelmann ordered that no more items taken in the raids could be removed from New Zealand, and instructed the attorney-general to return clones of the hard drives held by New Zealand police.
She said the search warrants were invalid because they were general warrants which lacked specificity about the offence and the scope of the items to be searched for.
Without a valid warrant, police were trespassing and exceeded what they were lawfully authorised to do.
Justice Winkelmann said no one had addressed whether police conduct also amounted to unreasonable search and seizure, but her preliminary view was that it did.
Megaupload???s lawyer adds that he doesn???t understand why the US authorities weren???t aware of this problem before. As a result Judge O???Grady noted that Megaupload is ???kind of hanging out there.???
If this issue indeed prevents Megaupload from being tried in the US, it would be a blunder of epic proportions. And it is not the first ???procedural??? mistake either.
Well, “hanging” was the goal. Mission accomplished.