About 3 months ago, my wife contacted the FBI regarding something she saw on the internet that had troubled her. I did not know anything about this, and earlier this morning, while she was gone, 2 FBI agents came to see her.
It's not every day I get people with guns showing up at my house, and they did not tell me off the bat why they were there, so naturally, I was a bit nervous. Ok, very nervous. They asked to see my drivers license for "the record", and I asked how I could be sure they were FBI, so they showed me their badges and credentials. so I asked them to wait, shut the door and started walking to my bedroom to get my wallet off my dresser.
Turn around when I heard something, and low and behold, one of the agents was following me through my house and into my bedroom. He said he wanted to make sure I was not going for a gun. I would like to know, can they just walk into your house without a warrent like that? Are the FBI above the law now?
2006-09-20 13:51:18 · 9 answers · asked by iswd1 5 in Politics & Government ➔ Law Enforcement & Police
No, I did not let them into my house, in fact, I asked them to wait outside. They asked me up front if I'd rather talk inside, or out, and I said outside. I don't have anything to hide, I just do not like guns, and I am VERY nervous around them.
So, no, they did not have my permission to enter, yet they did. Because I was nervous doesn't seem to me like probable cause for unlawful entry.
2006-09-20 13:54:48 · update #1
great question. If they were there it was because of something they learned or something that was reported to them for them to check out. They can follow you in the house to ensure their safety. Such as you grabbing a gun or knife or something. Also if they think you had drugs or something and were going to destroy evidence. However your constitutional rights protect against search and seizure. If they did not search or seize anything, they are fine. But they still had to have some sort of fear something could happen by you walking inside by yourself that would cause harm or hinder an investigation. It sucks I know, but officer safety is important and it doesnt sound like they violated any rights. The FBI is very sensitive believe it or not to your rights, and wouldnt jeopardize their job over something petty.
Also the plain view doctrine is only with exgriment circumstances, in otherwards what I said before, a safety issue or evidence could have been destroyed.
2006-09-20 14:11:14 · answer #1 · answered by Brian M 2 · 0⤊ 0⤋
Your whole situation sounds a little fishy to me. I don't understand why two FBI agents would show up to your house in the first place because your wife called about something that troubled her on the internet. Second of all, I don't understand why they would be worried that you were going for a gun unless they thought you or your wife were possible suspects in some sort of crime. I really don't think a trained FBI agent would be concerned about you getting a gun if all they wanted to do was ask your wife some questions about what she saw on the internet. They must have had some reason tobelieve that you would be hostile toward them for some reason.
That being said, the FBI agent can follow you into your home without warrant, probable cause, or exigent circumstances, however, any evidence of illegal activity that he discovers while in your home will be inadmissable in court because of the exlusionary rule. Should the FBI being coming into your home uninvited? No. But does it probably happen? Yes. If that agent had walked into your kitchen and saw 200 lbs. of cocain sitting there, it all would have been inadmissable in court and that agent would have looked like an *** in front of his co-workers.
2006-09-20 16:25:00 · answer #2 · answered by Anonymous · 0⤊ 0⤋
if i was the FBI you never can trust someone and i would follow you because your life is at stake and things could get ugly even tho you had no intent do anything..when i was little my grandpa told me if i ever get pulled over by the police to show my hands..this shows them that i am not going to do anything and also lets them watch me as they need to..i feel its a tough job to be a police, FBI I wouldn't want that job at all..i don't know that they can come in like that but if they need some info they are gonna get it rather its above your privacy or not..they have a responsibility..so in your case i don't know i hope everything worked out
2006-09-20 13:57:14 · answer #3 · answered by away right now 5 · 0⤊ 0⤋
Well, if they think it is related to any kind of a terrorist threat, then under the Patroit Act they can bust down your door in the middle of the night .. take you away without telling anyone where you are going .. and they don't have to let you have a lawyer, or any phone calls. But, in this case, since you may have been going for a gun, (he doesn't know), and not searching your house without your permission .. I think it is okay . Next time, lock the door behind you while they stand there and wait. Good Luck ! :)
2006-09-20 13:55:55 · answer #4 · answered by tysavage2001 6 · 0⤊ 1⤋
some jurisdictions enable a minor to grant consent to permit yet another into the homestead wherein they stay. If the police officer asked for consent and your son allowed him to circulate into, he can accomplish that without a warrant. If the thinking replaced into noncustodial (meaning that your son replaced into no longer below arrest case in point) then the police might ask him questions without a determine or dad or mum recent. thinking that happens in somebody's house is often seen to be noncustodial by using the courts. this could be a comfortable concern because of the fact maximum folk have self belief that they have got not got the authority to tell a police officer that they won't be able to enter their homestead. it is very real whilst it is composed of minors, because of the fact they regularly will experience intimidated by using authority figures. in case you could, i could respond to his police precinct or barracks to speak with him or his supervisor on the subject of the placement. do no longer do it in a confrontational way, yet bypass there to envision what happened and what your son replaced into being questioned approximately.
2016-12-12 11:59:33 · answer #5 · answered by ? 4 · 0⤊ 0⤋
They can do a sneak & peek when you're not home...make it look like a B & E.
He should not have followed you in, if you asked him to wait outside, unless there was a miscommunication or he had cause to think someone's safety was in jeopardy.
Also once they are in there and IF you did invite them, there's always the Plain View Doctrine. If they see something illegal in plain view...you are screwed.
That's about all I know.
2006-09-20 14:07:28 · answer #6 · answered by rob12byal 1 · 0⤊ 0⤋
i dont belive any type of law enforcement can just come in ur home with out a warrent im not 100% sure but if i were u i would ask a lawyer, and if they violated your house in any way i would sue.
2006-09-20 13:57:15 · answer #7 · answered by Sooo 2 · 0⤊ 0⤋
yes they can because it was to protect them selfs, most would have said they neede to go with you but for what ever you are saying they did not say anything like that, but to answer your question they are able to do it because they were not searching for something. your nervousness scaired them ant they felt threatoned that you might be guilty of something and not want to get cought so you would do something to prevent beeing arrested. they were totaly in the right
2006-09-20 16:45:09 · answer #8 · answered by Coconuts 5 · 0⤊ 1⤋
If you let them in the door...!
2006-09-20 13:52:40 · answer #9 · answered by Anonymous · 0⤊ 0⤋