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What should I do if law enforcement or police officer 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 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. You have the right to have an
attorney present during questioning. Request One!
2. YOU DO NOT HAVE TO LET POLICE OR OTHER LAW ENFORCEMENT AGENTS INTO YOUR
OFFICE UNLESS THEY HAVE A SEARCH WARRANT OR ARREST WARRANT. Demand to see the warrant. The
warrant must specifically describe the place to be searched and the things to be seized. If they 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 the scope of the search authorized by the warrant.
3. IF THEY DO PRESENT A WARRANT, YOU HAVE THE RIGHT TO MONITOR THEIR SEARCH
You have the right to observe what they do. You have the right to ask them for their names and titles. Take written notes
including their names, badge numbers, and what agency they are from. Have your friends who are present act as wit-nesses.
Give this information to your lawyer. A warrant does not give the government the right to question, nor does it
obligate you to answer questions.
4. IF THE POLICE OR FBI OR INS OR ANYONE ELSE TRIES TO QUESTION YOU OR TRIES
TO ENTER YOUR
HOME WITHOUT A WARRANT, JUST SAY NO! Police and other law enforcement agents are very skilled at getting
information from people. Many people are afraid that if they refuse to cooperate, it will appear as if they have something
to hide. Don't be fooled. The police are allowed to (and do) lie to you. Although agents may seem nice and pretend to be
on your side, they are likely to be intent on learning about the habits, opinions, and affiliations of people not suspected of
wrongdoing, with the end goal of stopping political activity with which the government disagrees. Trying to answer
agents' questions, or trying to "educate them" about your cause can be very dangerous. You can never tell how a
seemingly harmless bit of information that you give them might be used and misconstrued to hurt you or someone else.
5. IF YOU ARE STOPPED ON THE STREET, ASK IF YOU ARE FREE TO GO. If you are
stopped by the police, ask
them why. If they do not have a good reason for stopping you, or if you find yourself chatting for more than about a
minute, ask "Am I under arrest, or am I free to go." If they do not state that you are under arrest, tell them that you do not
wish to continue speaking with them and that you are going to go about your business. Then do so.
6. ANYTHING YOU SAY TO THE POLICE, FBI, INS, ETC. WILL BE USED AGAINST YOU AND
you've been arrested, you cannot talk your way out of it! Don't try to engage the cops in dialogue or respond to their
accusations. Ask for a lawyer. Once you ask for a lawyer you cannot be asked anymore questions until your lawyer
7. THE FBI MAY THREATEN YOU WITH A GRAND JURY SUBPOENA IF YOU DON'T TALK TO
THEM. They may
give you a subpoena anyway, so anything you tell them may permit them to ask you more detailed questions later. You
may also have legal grounds to refuse to answer questions before a grand jury. If you are given a grand jury subpoena,
you should call a lawyer immediately (see contact information at the end). Tell your friends and movement groups about
the subpoena and discuss how to respond. Do not try to deal with this alone. 5
8. IF YOU ARE NERVOUS ABOUT SIMPLY REFUSING TO TALK, TELL THEM TO CONTACT
YOUR LAWYER. They should stop trying to question you once you announce your desire to consult
a lawyer. You do not have to already have one. Remember to get the name, agency, and telephone number of
any investigator who visits you.
How should I respond to threatening letters or calls?
If your home or office is broken into, or threats have been made against you, your organization, or someone
you work with, share this information with everyone affected. Take immediate steps to increase personal and
office security. You should discuss with your organization and with a lawyer whether and how to report such
incidents to the police and the advisability of taking other legal action. If you decide to make a report, do not
do so without a lawyer present.
What if I suspect surveillance?
Prudence is the best course, no matter who you suspect, or what the basis of your suspicion. Do not hesitate
to confront suspected agents politely, in public, with at least one other person present, and inquire about their
business. If the suspect declines to answer, he or she at least now knows that you are aware of the surveil-lance.
If you suspect government agents are monitoring you, or are harassing you, report this as described at
the end of this packet.