WOULD YOU KNOW HOW TO RESPOND IF FEDERAL AGENTS KNOCKED ON YOUR DOOR, WITH OR WITHOUT WITHOUT A WARRANT, AND WANTED TO QUESTION YOU?
FIRST, YOU DO NOT HAVE TO PROVIDE ANY IDENTIFICATION TO AGENTS WHO HAVE NO WARRANT.
"A law enforcement official can only obtain your name and address if he or she has a reasonable suspicion to believe that you have committed or are about to commit a crime [note #2]. Thus, if an FBI agent knocks at your door you do not have to identify yourself to him; you can simply say "I don't want to talk to you," or "You'll have to speak to my lawyer," and then close the door. An FBI agent, unlike a local police officer, does not have jurisdiction to investigate violations of state statute."
ALWAYS VERIFY THEIR IDENTITY. INSIST ON CREDENTIALS. IF NECESSARY, CALL THE AGENCY TO DO THIS AS MANY FAKE IDs EXIST TODAY.
SECONDLY, IF THERE IS NO WARRANT, AS STATED ABOVE, YOU MAY JUST CLOSE YOUR DOOR AND END THE ENCOUNTER.
IF YOU CHOOSE TO SPEAK WITH AGENTS, STEP OUTSIDE YOUR HOME AND CLOSE THE DOOR BEHIND YOU.
BEFORE YOU VENTURE OUT, ANNOUNCE THAT YOU ARE BRINGING A VIDEO CAMERA OR SOME OTHER RECORDING DEVICE OUT WITH YOU AND INFORM THEM THAT YOU INTEND TO TAPE THE ENTIRE ENCOUNTER OUTSIDE YOUR HOME,
LIKE A STORY OF A TEXAS WOMAN WHO FACED THIS SITUATION EXPLAINED <HERE> ,
YOU DO NOT HAVE TO ALLOW THEM INSIDE.
HAVE THEM STATE EXACTLY WHY THEY ARE THERE.
IF MORE THAN ONE AGENT IS PRESENT, ASK ALL OF THEM THE SAME QUESTION, "WHY ARE YOU HERE?" THEN TO QUALIFY THEIR ANSWERS, ASK, "IS THAT THE ONLY REASON YOU'RE HERE?"
THIRDLY, REMAIN CALM, KEEP YOUR HANDS VISIBLE TO THE AGENTS AT ALL TIMES, MAKE NO SUDDEN MOVES, DO NOT BEHAVE AGGRESSIVELY.
BE RESPECTFUL, BUT REMEMBER YOUR CONSTITUTIONAL RIGHT TO REMAIN SILENT.
WHILE "PLEADING THE 5TH" WORKS FOR MOST AND HAS SURELY WORKED FOR A LOT OF POLITICIANS, INCLUDING PRESIDENTS OF THE UNITED STATES AND SECRETARIES OF STATE, ETC, REFUSING TO ANSWER QUESTIONS IS FROWNED UPON BY MANY.
DON'T LET THAT SWAY YOU.
SAYING NOTHING CONVICTS YOU OF NOTHING.
YOU MAY STATE THAT YOU CHOOSE NOT TO ANSWER 'AT THIS TIME'.
YOU MAY NOT KNOW THAT FEDERAL AGENTS CAN LIE TO YOU TO GET YOU TO DISCLOSE INFORMATION, BUT IF YOU LIE TO AN AGENT, YOU CAN GO TO JAIL.
AFTER ALL, YOU WON'T KNOW IF THEY ARE RECORDING YOU BY SOME TYPE OF HIDDEN DEVICE.
NEVER SAY SOMETHING LIKE, "I KNOW WHY YOU'RE HERE."
EVERYTHING YOU SAY CAN BE CONSTRUED AS "VOLUNTEERING INFORMATION".
THERE IS ALSO A PAMPHLET THAT VERY SIMPLY EXPLAINS YOUR RIGHTS IN A SITUATION LIKE THIS.
IT IS AVAILABLE IN SEVERAL LANGUAGES AS AN INSTANT DOWNLOAD AT <THE CENTER FOR CONSTITUTIONAL RIGHTS>.
IT IS AVAILABLE IN PLAIN TEXT AT http://bcn.boulder.co.us/environment/vail/ifanagentknocks.html.
IT IS ALSO SHOWN ON THE WEBSITE DETAILING THE TEXAS WOMAN'S ENCOUNTER.
AFTER THE AGENTS HAVE LEFT, IT MAY BE WISE TO CONTACT AN ATTORNEY AND AT LEAST DOCUMENT THAT YOU WERE APPROACHED BY FEDERAL AGENTS.
Are there any circumstances under which it is advisable to cooperate with an FBI investigation?
Never without a lawyer.
There are situations, however, in which an investigation appears to be legitimate, narrowly focused, and not designed to gather political intelligence.
Such an investigation might occur if you have been the victim of a crime, or are a witness to civil rights violations being prosecuted by the federal government.
Under those circumstances, you should work closely with a lawyer to see that your rights are protected while you provide only necessary information relevant to a specific incident. Lawyers may be able to avoid a witness' appearance before a grand jury, or control the circumstances of the appearance so that no one's rights are jeopardized.
DO BE AWARE THAT THE TACTICAL OPERATIONS UNIT OF THE FBI AND OTHER AGENCIES ARE, FOR ALL INTENT AND PURPOSE, COURT-SANCTIONED BURGLARS.
THEY CAN AND HAVE QUIETLY BROKEN INTO HOMES, OFFICES, ETC, AND PLANTED 'BUGGING DEVICES' WHICH MAY HAVE RECORDED EVERY WORD SAID WITHIN RANGE.
THIS WAS PERHAPS EXPLAINED BEST IN RONALD KESSLER'S BOOK, THE SECRETS OF THE FBI.
IF YOU THINK YOUR INDOOR CANINE PAL WILL PREVENT THIS, THINK AGAIN.
AS KESSLER WARNS, THE FBI HAS VETERINARIANS ON CONTRACT WHO CAN PROVIDE BOTH TRANQUILIZERS AND "WAKE-UP DRUGS" THAT WILL SAFELY DISABLE 'FIDO' WHILE THEY ARE ON THE PREMISES.
IF YOU ARE NOT HOME WHEN AGENTS COME TO CALL BUT A FAMILY MEMBER OR GUEST IS, OR EVEN A NEIGHBOR WHO HAS A KEY TO YOUR HOME, BE AWARE THAT, IF THEY ALLOW THE AGENTS INSIDE, THOSE AGENTS CAN LOOK AROUND WHERE THEY PLEASE.
THEY CAN EVEN WALK OUT WITH ANYTHING THEY DEEM "EVIDENCE".
BE SURE TO DISCUSS THIS WITH FRIENDS AND FAMILY.
THE SAME APPLIES TO BUSINESS OFFICES.
IF THE WORST HAPPENS...
Q: Agents arrested me in my home. Can they search my house?
A: The area near where you are arrested can be searched without a warrant. But your entire house cannot be searched unless there is a warrant that describes in detail the places to be searched and the people or things to be seized.
Q: What if agents have a search warrant?
A: You have the right to see the warrant. The warrant must tell in detail the places to be searched and the people or things to be seized. If the police have a warrant, you cannot stop them from entering and searching, but you can and should tell them to search only where the warrant authorizes. Ask if you are allowed to watch the search; if you are allowed to, you should. You should take notes including names, badge numbers, and what agency the officers are from. If others are present, have them act as witnesses. Give the information from you and your witnesses to your lawyer.
Q: Do I have to answer questions if the police have a search warrant?
A: No. You may be asked questions before, during, or after the search. A search warrant does not mean you have to answer questions.
ALSO BE AWARE THAT THE FBI, AS WELL AS OTHER AGENCIES, HAVE A HABIT OF CHARGING YOU WITH AN EASILY PROVABLE "CRIME" SO THEY CAN OBTAIN WARRANTS FOR SOMETHING ELSE ALTOGETHER WHICH MIGHT BE HARDER TO PROVE.
EXAMPLE:
FCC REGULATIONS ARE MANY AND LITTLE KNOWN, BUT ANY CONSUMER CAN BE "GUILTY" OF BREAKING ONE OF THESE MULTITUDE OF LITTLE RULES.
DID YOU DOWNLOAD COPYRIGHTED MATERIAL, SONGS, MOVIES? ARE YOU "BORROWING OR LENDING" WI-FI, ACCEPTING OR GIVING ACCESS TO ANOTHER'S INTERNET OR TV SERVICE?
"According to the pseudo-copyright regime that Big Cable and Hollywood believe in, your television manufacturer needed a contract to show you a movie, your router needed a license to stream video data to your smart phone, and before you activated your personally built computer at home you would need a license to view content on the internet. It gets worse than just arguments for new rights to controls that have no basis in copyright law.
The Unlock the (Set-Top) Box opponents even express fears about user-empowering technologies from 30 years ago. The Recording Industry Association of America, for example, expressed concerns that third-party set-top box devices will include features such as the ability to manually or automatically record streaming content ."
"By 2010, the FCC enacted open Internet rules, but the agency's legal approach was eventually struck down. FCC officials would erase the legal ambiguity by no longer classifying the Internet as an "information service" but a "telecommunications service" subject to Title II of the 1934 Communications Act."
YOU MAY BE 'BUSTED' FOR SOMETHING AS SIMPLE AS THAT, OR ACCUSED ALONG THE LINES OF THE FCC's "OBSCENITY, INDECENCY AND PROFANITY" LAWS, SO THE FEDS CAN HAVE A LONG LOOK AROUND FOR EVIDENCE REGARDING SOMETHING ELSE ENTIRELY.
WHERE THERE'S A WILL, THE FBI MAKES A WAY.
KNOW YOUR RIGHTS, KNOW THE LAW.
KNOWING BOTH CAN KEEP US ALL OUT OF JAIL IF WE EVER BECOME TARGETS OF ONE OF OUR 'BIG BROTHER' AGENCIES WHO ARE WATCHING US 24 HOURS A SAY, EVERY DAY, AND EVERYWHERE WE GO.
AS I HAVE WRITTEN BEFORE, WE ARE EASILY TRACKED BY THE CHIPS IN OUR CREDIT CARDS, CELL PHONES, PETS' MICROCHIPS, GROCERY STORE "DISCOUNT CARDS", DRIVER'S LICENSES, AUTOMOBILE TAGS AND AUTOMOBILE ONBOARD COMPUTERIZED HARDWARE AND STORE PURCHASES, JUST TO NAME A FEW.
WE ARE BASICALLY SITTING DUCKS, BUT WE CAN BE INFORMED DUCKS AND AVOID A LOT OF UNNECESSARY GRIEF WHEN DEALING WITH OUR BELOVED WATCHERS.
KNOWLEDGE EMPOWERS.
IGNORANCE OF THE LAW IS NOT A VALID EXCUSE.
//WW
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