Just had investigators at my door!

[Usui Takumi 1,562]

Yeah they have healthcare!

[JimVaPhuong 4,863]

When a law enforcement officer knocks on your door and ask for entry, you have the legal right to say no. This includes federal law enforcement officers like ICE. If you exercise your rights they cannot hold this against you in any way. If you voluntarily give up that right, and allow them to enter with your permission, they can do anything they want, search anywhere they want, seize anything they want, and ARREST you based on suspicion of what they find. It doesn't matter how innocent you believe you might be. Anything they find can be misconstrued or interpreted any way they want. Got a picture of your 3 year old daughter playing in the bath tub? You could be arrested for child pornography.

If they are intent on searching your home then they will wait in front of your house, watching everyone who comes and goes, until they get confirmation of a telephonic warrant. This can take as little as 1/2 hour to get. In the meantime, get an attorney to your home ASAP! Unlike the situation where you voluntarily let them in, a warrant will specifically state what they are allowed to look for, and the attorney will make sure they don't overstep their authority. What they are permitted to do with a warrant is restricted. What they are permitted to do if you allow them in is not.

[rsn 135]

I have to side with TBoneTX & Lancer on this one (not that anyone cares what I think! ). It should be common knowledge at this point to NEVER let ANYONE into your house without a warrant. Period. The fourth amendment is there for a reason. Don't give up your rights! Geez!

Edited August 27, 2009 by rsn

[Linkin 0]

Nice copy and paste! seems like you aren't even sure whatever you are saying thats why you had to checked something on laws website.

I am not lawyer and everyone over here didn't do Phd in Immi laws but still they use common sense and spread the info they have as per their experiences. No matter Immi guys or Police they are almost same, one protects criminal activities and other holds their hands to stop ILLegal immigration activities. My point from start to end was very simple, to let them in if the happen to come ur place. You guys are asking ppl to dig more to halt them at the door by saying "Show me your warrant"...For you its good enough that they show you their badges. so pass them in. NOw whatever you said in your copy and paste thing is irrelvent for this post that original poster made...didn't you see what he did...just simply let them passed in...he's wise that's why he did that ....you can even read hundreds of stories here that ppl were in the same boat and they did the same what this Wise fella

keep doing your research....I liked that

did

In theory if you happen to have a pirated film playing on your computer when they entered that could be passed on

Reinforcing the earlier points that anything that they observe (or that you say) can be used against you.

Regarding being "practicle" (Linkin, can you not spell, either?): This excerpt from a criminal-defense attorney's website was illuminating to me. I have consulted personally with this attorney, and he said that if we substitute "Federal agent" for "police officer," the advice still stands. The boldface was added by me, for emphasis. Linkin, if you consider him incorrect or a liar, or if you think that you know better, contact him directly.

From: http://www.attorneyforfreedom.com/articles...onal-rights.htm

Don't be your Own Worst Enemy!

by Marc J. Victor, Phoenix Criminal Attorney

I cringe to think how many times clients come into my office to discuss their criminal matter with me only to learn they have done possibly irreparable damage to their case. I have found few people who are aware of their constitutional rights.

Your awareness of some simple concepts may serve you well in the event you or a loved one is the unfortunate subject of a criminal investigation. First of all, always remember, you are not required to talk to the police. There may be occasions where your persuasive oral skills will serve to get you a stern warning instead of a costly ticket; however, talking with the police will rarely benefit you when the investigation is for a crime.

In addition, talking to friends and family about your criminal matter is usually not a good idea either. Although you do not expect a friend or family member to compromise your case, you may put him or her in an unfair position. A prosecutor may summon your family member or friend to the witness stand in a criminal trial and ask questions about your statements. Such a dilemma will force your family member or friend to decide between perjury and possibly hurting your case.

Don't get caught up by the fact that the police officer failed to inform you of your "Miranda Rights." These are your rights to remain silent and to have an attorney present during questioning. So long as you are not under "arrest" the police officer may properly ask you questions without informing you of these rights.

You are never required to consent to a search. If a police officer has a search warrant, you must permit the search. However, if a search warrant has not yet been obtained, you should insist the officer obtain one before you voluntarily allow a search. The fact that you insist upon a search warrant does not mean you have something to hide. Rather, it is a confirmation of the constitutional concept that police do not have the right to arbitrarily conduct searches of your property.

A police officer has no right to detain you unless there exists reasonable suspicion that you committed a crime or traffic violation. However, a police officer is always allowed to initiate a voluntary conversation with you. Sometimes it is unclear whether or not a person is detained. If you are in doubt, you should ask the police officer if you are in fact free to leave. [more...] [end of excerpt]

[Usui Takumi 1,562]

No offense but I don't think I would want to base my future in the US on the "common sense" of someone not versed in immigration or criminal law.

[Linkin 0]

Sir Go through with the post I made, When did I say its wrong to say NO, but why would you say no if you are all clean...Infact noone over here would do that when they come in my dear friend. You will be all quite like one frozen human and let them come in...

1/100 may ask for the warrant....

Welcome to the real world of laws...

When a law enforcement officer knocks on your door and ask for entry, you have the legal right to say no. This includes federal law enforcement officers like ICE. If you exercise your rights they cannot hold this against you in any way. If you voluntarily give up that right, and allow them to enter with your permission, they can do anything they want, search anywhere they want, seize anything they want, and ARREST you based on suspicion of what they find. It doesn't matter how innocent you believe you might be. Anything they find can be misconstrued or interpreted any way they want. Got a picture of your 3 year old daughter playing in the bath tub? You could be arrested for child pornography.

If they are intent on searching your home then they will wait in front of your house, watching everyone who comes and goes, until they get confirmation of a telephonic warrant. This can take as little as 1/2 hour to get. In the meantime, get an attorney to your home ASAP! Unlike the situation where you voluntarily let them in, a warrant will specifically state what they are allowed to look for, and the attorney will make sure they don't overstep their authority. What they are permitted to do with a warrant is restricted. What they are permitted to do if you allow them in is not.

[Usui Takumi 1,562]

Uh he didn't say that you said it was wrong to say no.............

[TBoneTX 45,498]

Your awareness of some simple concepts may serve you well in the event you or a loved one is the unfortunate subject of a criminal investigation. First of all, always remember, you are not required to talk to the police.

And none of us are required to keep talking to a wall, either. Edited August 27, 2009 by TBoneTX

[Linkin 0]

Sir was mean to say as i did say NO to ask

btw did you find out what's that offense and who should deal you if you are watching pirated movies. Dont say ICE should be knocking your Door

Uh he didn't say that you said it was wrong to say no.............

[TBoneTX 45,498]

btw did you find out what's that offense and who should deal you if you are watching pirated movies. Dont say ICE should be knocking your Door

Uh, say what?

[Usui Takumi 1,562]

"who should deal you"

What does that even mean?

[Linkin 0]

so Don't be a wall my friend....but you will be like one of those if god forbit ICE would ever turn up at your doorstep and then you will let them pass freely into your house. :)LOL

but with most respect! stop being so smart if you ever encounter ICE or any law enforcment team

Your awareness of some simple concepts may serve you well in the event you or a loved one is the unfortunate subject of a criminal investigation. First of all, always remember, you are not required to talk to the police.

And none of us are required to keep talking to a wall, either.

[TBoneTX 45,498]

I don't think I would want to base my future in the US on the "common sense" of someone not versed in immigration or criminal law.

Or on someone's appalling lack of basic Constitutional knowledge, or (worse) on someone's blatant recommendation that our Constitutional rights be blithely and automatically surrendered. Does this person -- or his/her fiance(e) -- really want to become a U.S. citizen and remain so ignorant of the foundation of our country, not to mention remain so incomprehensible in written English? Edited August 27, 2009 by TBoneTX

[Linkin 0]

LOL now you are on written english...I am amazed that you can't stop talking even its useless..

btw, you said YOu dont like talking to walls LOL

...

I don't think I would want to base my future in the US on the "common sense" of someone not versed in immigration or criminal law.

Or on someone's appalling lack of basic Constitutional knowledge, or (worse) on someone's blatant recommendation that our Constitutional rights be blithely and automatically surrendered. Does this person -- or his/her fiance(e) -- really want to become a U.S. citizen and remain so ignorant of the foundation of our country, not to mention remain so incomprehensible in written English?

Edited August 27, 2009 by Linkin

[Philosykos 0]

I completely agree with TBoneTx. However, I will admit that before reading this thread and not knowing the legal situation in the US on searches like that, I would also have let them in, feeling that we have nothing to hide. Being better informed now, I would not want to let them in without warrant and attorney present, but I still wonder what will happen if we deny their request? Will this cause problems that we most likely wouldn't have had if we had let them check our living situation?

I'll admit that I don't really expect a home visit at all, given that we have been in a relationship for almost four years, have lived together in the US already in the past while I was on another visa, and with me being from a country just as prosperous as the US and having given up a good job to come here... but who knows, maybe they pull this off on people with zero red flags as well. So what do you think will happen in practice if we insist on our constitutional rights? Will we then actually need an attorney?