If An Agent Knocks

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IF A AGENT KNOCKS

Federal Investigators and Your Rights

People opposing U.S. policies in Central America, giving sanctuary to refugees from Guatemala and El Salvador, struggling for Black liberation, and against nuclear weapons, are today more than ever likely to receive visits from FBI agents or other federal investigators. Increasingly, agents are also visiting the families, friends, and employers of these activists.

This page is designed to answer the most frequent questions asked by people and groups experiencing government scrutiny, and to help them develop practical responses.
                                                           

What is Political Intelligence?

Political intelligence is information collected by the government about individuals and groups. Files secure under the Freedom of Information Act disclose that government officials have long been interested in all forms of data. Information gathered by government agents ranges from the most personal data about sexual liaisons and preferences to estimates of the strength of groups opposing U.S. policies. Over the years, groups and individuals have developed various ways of limiting the collection of information and preventing such intelligence gathering from harming their work.

Do I have to talk to the FBI?

No. The FBI does not have the authority to make anyone answer questions (other than name and address)  to permit a search without a warrant, or to otherwise cooperate with an investigation. Agents are usually lawyers, and they are always trained as investigators; they have learned the power of persuasion, the ability to make a person feel scared, guilty, or impolite for refusing their requests for information. So remember, they have no legal authority to force people to do anything -- unless they have obtained an arrest or search warrant. Even when agents do have warrants, you still don't have to answer their question. 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. 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.

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