OFF THE WIRE
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https://ccrjustice.org/sites/default/files/assets/files/CCR_If_An_Agent_Knocks.pdf
Table of Contents
Introduc
tion
4
Visits & Searches
6
If I Am Approached or Called by a Law Enforcement Agent, Do I Have to Talk?
6
What Are The Consequences If I Do Talk?
8
What If An Agent Asks to Search My Home, Apartment or Office?
9
What If I’m Not Around and an Agent Asks My Roommate to Search My Property?
10
Can Agents Search My Trash?
10
What If an Agent Threatens to Get a Warrant or Grand Jury Subpoena Unless I Talk or
Consent to a Search?
11
What If an Agent Claims to Have a Search Warrant?
11
What Rights Do I Have to Keep Agents From Searching My Car?
11
What Should I Do If My Office or Home Is Broken Into and I Suspect That the Motive Was
Intelligence Gathering?
12
What Should I Do If Agents Show Up With an Arrest Warrant?
13
What Should I Do If I Receive a Subpoena?
14
Infiltration & Human Surveillance
16
Are There Limits on What Undercover Agents and Informants Can Do?
18
What is Entrapment?
18
What are the Constitutional Limits to an Agent’s Power to Infiltrate?
19
How Can I Determine Evidence of Infiltration?
20
What Precautions Can I Take to Protect My Organization?
20
Electronic Surveillance
2
2
Telephone Communications
When Can the Government Tap My Phone Calls?
22
How Will I Know If My Phone Is Being Tapped?
24
What Is a Roving Wiretap?
25
What About Bugs?
25
What About the Foreign Intelligence Surveillance Court and the National Security
Agency’s Warrantless Wiretapping Program?
26
What Security Threats Do Cellular Phones, Smartphone and PDAs Pose?
27
Can the Government Monitor My Text Messages?
28
Internet Communications
Can the Government Tell What Web Sites I Visit?
30
Should I Be Wary of Electronic Surveillance From Non-Governmental Entities?
31
If An Agent Knocks
Electronic Security
Data Encryption
32
Email Encryption
33
Passwords
34
Web Browsing
34
Know Your Internet Service Providers
35
Use Anti-Spyware Programs
35
Data Retention and Deletion
35
Grand Juries & Grand Jury Resistance
3
7
What are Grand Juries and What Threats Do They Pose to Activists?
37
What Should I Do If Someone Shows Up With a Grand Jury Subpoena?
38
What Options Do I Have If I Receive a Grand Jury Subpoena?
39
How Do I Quash a Grand Jury Subpoena?
40
What Happens If I Refuse to Comply With a Grand Jury Subpoena?
41
What Happens If I Comply With a Grand Jury Subpoena?
41
What Happens After a Grand Jury?
42
Special Considerations for Noncitizens
43
Speech and Political Affiliations
43
Searches and Seizures
44
Right to Remain Silent
44
Conclusion
45
Additional Resources
46
Acknowledgements & Credits
48
If An Agent Knocks - Table of Contents
