If the FBI visits

From: Support the AETA4!
Date: Apr 4, 2009 8:39 PM
Subject: If the FBI visits (REPOST!)


This is a bit long, but here's the gist of it: When approached or visited by FBI or any other law enforcement agency, it is your right to say the following words: "I do not waive any of my rights. I do not wish to speak with you." And then let the community and an attorney know about any such visit.




What should I do if agents come to question me?

1. YOU DO NOT HAVE TO TALK TO THE POLICE, FBI, INS, OR ANY OTHER LAW ENFORCEMENT AGENT OR INVESTIGATOR.



You are not legally obligated to talk to anyone: on the street, at your home or office, if you've been arrested, or even if you're in jail. If you are driving a motor vehicle, you are required to show your license and registration. Only a judge has the legal authority to order you to answer questions. If you are contacted, tell the agent you want to consult an attorney. They should stop trying to question you once you say this. You do not have to already have a lawyer. Remember to get the name, agency, and telephone number of any investigator who calls or visits you, and call the NLG, or a criminal or immigration lawyer, before deciding whether to answer questions.





2.

YOU CAN SAY NO!

If the police, FBI, INS or anyone else tries to enter your home without a warrant, say, "I will not talk to you until I consult an attorney." Many people are afraid that if they refuse to cooperate, it will appear as if they have something to hide, or think that they can educate the police. Don't be fooled. Talking to the FBI can be very dangerous. You can never tell how a seemingly harmless bit of information might be used to hurt you or someone else. The FBI is not just trying to find "terrorists", but is gathering information on immigrants and activists who have done nothing wrong. And keep in mind that even though they are allowed to and do lie to you, lying to a federal agent is a crime. The safest things to say are "I am going to remain silent", "I want to speak to my lawyer", and "I do not consent to a search.

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3. YOU DO NOT HAVE TO LET POLICE OR OTHER LAW ENFORCEMENT AGENTS INTO YOUR HOME OR OFFICE UNLESS THEY HAVE A WARRANT.



Demand to see the warrant. If they have a search warrant, you cannot stop them from entering and searching, but you should still tell them that you do not consent to a search. This will limit the search to what is specified in the warrant. If they ask you to give them documents, your computer, or anything else, look to see if the item is listed in the warrant. If it is not, do not consent to them taking it without talking to a lawyer. An arrest warrant does not allow them to search your home or office unless you consent to that. Say "I do not consent to a search." Do not answer any questions. Call the NLG or a criminal lawyer.





4. IF YOU ARE STOPPED ON THE STREET, ASK IF YOU ARE FREE TO GO.



If you are stopped by the police, ask them why. Remember, they are allowed to lie to you. Ask "Am I free to go?" If they say yes, walk away. Legally, you do not have to give your name unless they suspect you of a crime, but it may be expedient to do so-- however, be aware that police/ agents may be carrying a list of deportable aliens, and that giving a false name could be a crime. If you are not free to go, you are being detained, but this does not necessarily mean you will be arrested. They are entitled to frisk you. A frisk is a pat down on the outside of your clothing. Do not consent to any further search. But if they continue, or in some other way violate your rights, stay calm and don't physically resist police or agents. You will only be hurt and arrested. Stick to "I don't consent, I want to speak to my lawyer." and call a lawyer at your first opportunity. You do not have to answer questions if you are detained or even if you are arrested.




5. ANYTHING YOU SAY TO THE POLICE, FBI, INS, ETC. CAN BE USED AGAINST YOU AND OTHERS.



They may pressure you by saying it's unpatriotic not to answer, or that people with nothing to hide would talk. Remember, however, that even innocent people who have done nothing wrong may say things that the government will use against them or others. That is why the right not to talk is a fundamental right under our Constitution. Repeat "I want to talk to my lawyer" to any officer who questions you. What if the FBI threatens me with a grand jury subpoena? It is common for the FBI to threaten you with a subpoena to get you to talk to them. Don't be intimidated. This is frequently an empty threat, and if they are going to subpoena you, they will do so anyway. Receiving a subpoena to testify before a grand jury doesn't mean that you are suspected of a crime. And you may have legal grounds to quash the subpoena or to refuse to answer questions before the grand jury. If you do receive a subpoena, call the NLG or a criminal lawyer.




What rights do I have?

Whether or not you're a citizen, you have these constitutional rights: The Right to Remain Silent. The Fifth Amendment to the U.S. Constitution gives every person the right to remain silent in the face of questions posed by any police officer or government agent. The Right to be Free from "Unreasonable Searches and Seizures". The Fourth Amendment is supposed to protect your privacy. Without a warrant, police or government agents are not allowed to search your home or office and you can refuse to let them in. Know, however, that it is easy for the government to monitor your e-mail, telephone calls, and conversations in your home, office, car or meeting place. The Right to Advocate for Change. The First Amendment to the U.S. Constitution protects the rights of groups and individuals who advocate changes in laws, government practices, and even the form of government. However, the INS can target non-citizens for deportation because of their First Amendment activities, as long as it could deport them for other reasons.




CONSTITUTIONAL RIGHTS CANNOT BE SUSPENDED- EVEN DURING A STATE OF EMERGENCY OR WARTIME.