Five months have passed since the start of the George Floyd rebellion, and hundreds are facing trumped up charges and heavy prison time.
In this context, FBI contact and so-called “door knocks,” when FBI
agents visit people’s home or those of their loved ones, has increased.
IGD: If the FBI comes to your house and knock on your door, what should you do and not do?
Most importantly do NOT let them in and do NOT answer questions or talk to them! There’s a lot of resources out there, some of which get into a lot of detail, so I’ll just cover the basics here.
First, you are not required to answer the door (but if they are serving a warrant and you don’t answer they will kick your door in). If you do answer, it is best to step outside and close your door behind you. However you come face to face with an agent or officer of any sort (at home or work, in your car, in a jail interview room), it is very important that you say, “I am not going to answer questions. I want to speak to a lawyer.” This invokes your legal rights. You don’t need to have a lawyer already to ask to speak to one.
They might threaten you, intimidate you, lie to you, pretend to be your friend or want to help, tell you your friends already snitched, show you incriminating evidence, show you exculpatory evidence, literally anything under the sun that they think might get you to talk. They might even physically abuse you. But it’s very important that the only words that ever leave your lips are: “I am not going to answer questions. I want to speak to a lawyer.” You can’t talk your way out of trouble but you can talk your way into a lot trouble.
If they ask to search or “take a look” in your house, car, trunk, backpack, shed, purse, pocket, wallet, or anything else, say “No, I do not consent to a search.” Repeat as necessary.
If they have a warrant, you can ask to see it and inspect it (like in those ACLU Know Your Rights trainings), but in all likelihood, they probably already have you in handcuffs with a couple guns pointed at you and are yelling commands. So mostly try to just stay cool and get your wits about you and say, “I am not going to answer questions. I want to speak to a lawyer.” If they serve you a subpoena, take it. Listen to whatever they have to say (or don’t! you’re not required to talk OR listen!). Wait for them to leave and then go back inside and lawyer up.
A nearby chapter of the National Lawyers Guild or a local anti-repression group might be able to help you find a lawyer. If that doesn’t exist where you are, you can review local attorney websites to see who seems more social justice oriented, or just start calling around and asking.
I recommend never physically resisting or interfering in any way, because it will likely just make your situation worse. Just say over and over, “I am not going to answer questions. I want to speak to a lawyer. I do not consent to a search.”
Also, don’t keep the visit a secret. I recommend being at least semi-public about it. If people find out you got visited and didn’t tell anyone, they will be suspicious of you. People also need to know so they can prepare and protect themselves. Perhaps there’s information you all can gain from connecting the dots about the FBI’s investigation. Their investigations thrive in secrecy, darkness, and isolation. Our weapons are solidarity, transparency, and support, but we can’t do that if people keep these things to themselves.
IGD: What about on the street?
The first thing you should ask if contacted by any law enforcement on the street is, “Am I free to go?” Sometimes it will be obvious that you are not free to go because they’ve grabbed you or worse. But if there is ever any question, ask “Am I free to go?” Often they will not want to answer. They will say something like “I just was talk to you,” or “I’m just trying find out what’s going on here.” Repeat yourself: “Am I free to go?” Repeat it as many times as you need to. If they every say yes, that you are free to go, JUST LEAVE. Not another word, not another second, just leave!
If they say no, or just refuse to answer but you suspect you will get tackled if you try to leave, then you are detained. Now it’s time to say “I am not going to answer questions. I want to speak to a lawyer.”
If they want to pat you down, or “take a look” in your belongings say,“No, I do not consent to a search.” Say it loud and proud and repeat as often as necessary. But I recommend not physically resisting because it likely won’t make them stop, and will likely make your situation worse