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What if federal agents come to your house?

On Behalf of | Sep 24, 2024 | Criminal Defense

Having federal agents come knocking at your door is a terrifying experience for most people, especially if you have no idea why they are there.

When federal agents come to your home, there is likely a serious reason why. Even if you have nothing to hide, it is important to know your rights. Your nervousness could cause you to make mistakes.

You do not need to let federal agents come into your home unless they have a warrant. In fact, you do not even need to speak with them. You may record the encounter but let the agents know that they are being recorded.

Ask the federal agents for their full names and ask to see their badges. They should provide you with this information so you can verify they are legitimate federal agents.

What to say if you choose to talk

You have a right to remain silent. You do not need to talk with them without an attorney present. However, if you chose to talk, stay calm and do not argue with them. Remain calm even if you believe they are violating your rights or harassing you.

Do not lie or try to hide anything. It is natural to panic and start talking or attempt to hide or destroy evidence out of fear. Many times, the agents end up finding the evidence and you could face additional charges.

Your fear could also cause you to make statements that sound incriminating even if you did not intend them to be.

Should you let the agents in?

Without a search warrant, the agents can ask for your permission to search your home, but it is best for you to refuse.

If they have a search warrant, they are only allowed to search for items listed in the warrant. They are also only allowed to search in areas where the items might reasonably be found.

Even if the agents enter your home with a search warrant, you are not required to speak with them or even to identify yourself. If they keep asking you questions or try to get you to talk, simply say you are exercising your right to remain silent.

What to do after the search

After the search, write down details of the search. Write down what time the agents arrived, how many agents there were, what they said, how you were treated and anything else you can remember about the search.

Do not talk to anyone else about the search warrant. Whoever you speak with could end up being questioned by the agents one day themselves and they may repeat what you said.

Do not assume the search warrant was valid. Search warrants must be based on probable cause and must be narrowly tailored regarding where agents are allowed to search. The search warrant may be deemed invalid if it is later determined that there was no probable cause or the terms were too broad.

Overall, although most federal agents are just doing their jobs and will treat you with respect, you have rights that are designed to protect you. When a federal agent comes to your door, remembering these rights and how to act can make a huge difference in what happens in the future.