What to do if the FBI Contacts You

>From the National Lawyer Guild Know Your Rights
http://www.nlg.org/resources/kyr/kyr_english.htm

What if the police or FBI contact me?

What if agents come to question me?

YOU DO NOT HAVE TO TALK TO THE POLICE, FBI, INS, OR ANY OTHER LAW
ENFORCEMENT AGENT OR INVESTIGATOR. You can't lawfully be arrested for
refusing to identify yourself on the street, although this may make the
police suspicious, and police and other agents do not always follow the
law. If you are driving a vehicle, you must show your license and
registration. Otherwise, you do not have to talk to anyone: on the street,
at your home or office, if you've been arrested, or even if you're in
jail. Only a judge has the legal authority to order you to answer
questions.

Do I need a lawyer?
IF YOU ARE CONTACTED, TELL THE AGENT YOU WANT TO TALK TO A LAWYER. Once
you say this, they should stop trying to question you and should make any
further contact through your lawyer. You have the right to say that you
want to talk to a lawyer even if you do not already have one. 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. If you do agree to be
interviewed, you have the right to have a lawyer present. The government
does not have to provide you with a free lawyer unless you are charged
with a crime, but the NLG or another organization may be able to find you
a lawyer for free or a reduced rate.

If I refuse to answer questions or if I say I want a lawyer, won't it seem
like I have something to hide?
TALKING TO THE FBI OR OTHER AGENTS CAN BE DANGEROUS. You can never tell
how a seemingly harmless bit of information might be used to hurt you or
someone else. That is why the right not to talk is a fundamental right
under our Constitution. 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."

Can agents search my home, apartment or office?
YOU DO NOT HAVE TO LET POLICE OR OTHER LAW ENFORCEMENT AGENTS INTO YOUR
HOME OR OFFICE UNLESS THEY HAVE A SEARCH WARRANT. However, your roommate
or guest can legally consent to a search of your house if the police
believe that person has the authority to give consent and your employer
can consent to a search of your office. Do not try to physically interfere
with the police or agents, even if the search is illegal, or you will
likely be arrested. Say "I do not consent to a search." Do not answer any
questions. Call the NLG or a criminal lawyer.

If agents come to arrest me in my home, can they search my home?
They can search the area near where you are arrested but not your entire
house, unless they have a search warrant.


What if I am not at home?
Under the new "USA Patriot Act", under certain circumstances agents may
surreptitiously search and not notify you until afterward, perhaps a long
time afterward. It is uncertain whether this provision will stand up in
light of the Fourth Amendment. If you suspect your home or office has been
searched or that you are being surveilled, contact the NLG or a criminal
lawyer.

What if they do have a search warrant?
DEMAND 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 should
still tell them that you do not consent to a search. This will limit them
to search only where the warrant authorizes. Ask if you are allowed to
watch the search and if so, watch and take notes including names, badge
numbers, and what agency the officers are from. Have friends act as
witnesses. Give this information to your lawyer. If the officers 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. Even if they have a search warrant,
you still do not have to answer any questions. Call the NLG for help
getting a criminal lawyer.

What if the police stop me on the street?
ASK IF YOU ARE FREE TO GO. If they say yes, walk away. 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"; get
the officer's name, badge number, and agency; and call a lawyer or the NLG
at your first opportunity. You do not have to answer questions or give a
statement if you are detained or even if you are arrested.

Do I have to give my name?
Legally, you do not have to give your name unless they suspect you of a
crime, but refusing to give your name is likely to arouse suspicion. Be
aware that police/ agents may be carrying a list of deportable aliens.
Giving a false name could be a crime. If you are driving a car, you must
show them your license, registration and proof of insurance, but you do
not have to consent to a search, although the police may have legal
grounds to search your car anyway.

What if the police or FBI threaten me with a grand jury subpoena if I
refuse to talk?
A grand jury subpoena is a written order for you to go to court and
testify about information you may have. 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 stop 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 right away.

What if I am treated badly by the police or FBI?
Try to remember the officer's badge number and/or name. You have the right
to ask the officer to identify himself. Write down everything as soon as
you can and try to find witnesses. If you are injured, see a doctor and
take pictures of the injuries as soon as possible. Call the NLG or one of
the other organizations listed on the front as soon as possible.