Re: When the FBI Guys Come Knocking...
On Wed, 26 Sep 2001, Meyer Wolfsheim wrote:
Actually, in that case, could they not get the landlord to unlock the apartment door for them, if "permission to enter" is granted in your lease? What are the warrant requirements for this?
Right to enter is restricted to the landlord or reprsentatives under particular circumstances. Emergency personnel (firemen) can also enter. Peace officers can enter in "hot pursuit" situations. In the case of peace officer questioning, you can just ask them to leave. No need to hide.
Several years ago, I would probably point out that such actions would be likely to cause you more difficulty if and when you have to interact with the feds. Knowing what I do now about such things, however, I'd fairly certain there's little to lose.
The main reason not to invite peace officers in is because of the risk they might see something which would give rise to probable cause for a search. The reason for not talking to them is that most people don't know what the legal implications of their words are. That's what lawyers are for. You don't have to talk to them outside your house either or after arrest or any time. DCF ---- "Nuke 'em till they glow then shoot 'em in the dark." -- Courtesy of the National Commission for the Preservation of Right Wing Slogans.
On Wed, 26 Sep 2001, Duncan Frissell wrote:
In the case of peace officer questioning, you can just ask them to leave. No need to hide.
The main reason not to invite peace officers in is because of the risk they might see something which would give rise to probable cause for a search.
If you're trying to avoid being served a subpoena, though, I'm not sure what protection the 4th would give you. And if you're in the position to be asking them to leave, you've probably already been served. -MW-
participants (2)
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Duncan Frissell
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Meyer Wolfsheim