According to the Department of Justice website, The Federal Bureau of Investigation (FBI) is a national security and law enforcement agency. This agency collects, uses, and shares intelligence. Charles Bonaparte, the U.S. attorney in 1908, ordered newly hired federal investigators to report to the Chief Examiner. Later on, the office of the Chief Examiner was renamed the Bureau of Investigation. The Bureau’s role continuously upholds the constitution and protects the citizens of the United States with the help of FBI search warrants.
The FBI Has Too Much Power
There is plenty of evidence to show that even though the mission of the FBI is to uphold the Constitution and protect American citizens, they have time and time again infringed the rights of the American people. The FBI has too much power vested in them by the Federal Government.
The Patriot Act increased the FBI’s authority to secretly demand personal information and records of anyone the Bureau deemed as a person of interest in an investigation. This has led to misuse, mismanagement, and abuse, especially when their actions are politically motivated. We have recently seen this abuse of power with the FBI raid on former President Donald Trump’s home, and others that support Trump. It is coming to light that the FBI is turning into a political weapon for the federal government, which should concern all American citizens regardless of political affiliation.
Moreover, the New York Times revealed that the Bureau was engaging in Warrantless wiretapping—listening in on conversations without a warrant. Warrantless wiretapping occurs more commonly than people realize. Indeed, Americans never know the extent of how often this occurs without public documentation.
The Attorney General’s guidelines have since gone through significant changes giving the FBI the power for increased surveillance with minimal oversight. FBI agents can also visit any public place without identifying themselves for investigation and intel collection purposes.
The FBI has the authority to scan out areas with many ethnic communities if they believe those areas will aid in analyzing potential threats or dangers. Further, they collect the locations of ethnically-oriented businesses as well.
FBI Search Warrants Affidavits Are Untrustworthy
One thing everyone should be aware of is that getting a search warrant is very easy. In fact, all a federal judge must do is “make a practical, common-sense decision whether, given all the circumstances outlined in the affidavit […] the veracity and basis of knowledge of persons supplying hearsay information, there is a fair probability that […] evidence of a crime” will be seized. Illinois v. Gates, 462 U.S. 213, 238 (1983).
Hearsay information cannot generally be used as evidence in trial, yet it can be relied on to obtain a search warrant to intimidate you. A search warrant that contains misleading or false information sworn under oath by an FBI agent.
FBI Search Warrants Executions Are Overdone
The Franks v. Delaware landmark case is one of the many instances that show how authorities can abuse their power. A search warrant can be based on false statements as given by the agent or officer. There are also situations where critical information is omitted, so the judge grants the warrant.
A false statement in the warrant affidavit does not always get the evidence thrown out. It is also difficult to prove intent since you must show that the authorities had reckless regard for truth. It will all be downplayed.
How the Search Warrant Executions Are Overdone
- The FBI always shows up with a huge team of armed agents, as in the case of the Estate of Redd v. Love et al. [i]
- Warrants are usually executed between 6-7 am
- The FBI breaks in with guns drawn, and they do not care if small children are present. What the FBI Fails to Consider
- The severity of the crime is irrelevant
In Holland, a misdemeanor warrant was executed by a SWAT team fully dressed for combat. They had no law enforcement markings and, on arrival at the scene, pointed guns at occupants, including children. The court later ruled that the agents simply acted according to agency policy. Then, the agent in charge received immunity from the suit.
Never Talk to an FBI Agent if You Are the Target of Their Investigation
Every word you speak to an FBI agent will be used against you in a court of law. A search warrant execution gives typically the best opportunity to get you talking because you will be in panic mode and not weighing your words.
The FBI rarely (and on purpose) records the actual interview. Then in its biased summary of the conversation, agents leave out exculpatory information. If you don’t already know, lying to a federal officer is a crime. However, you can choose not to cooperate in the absence of your lawyer.
It’s difficult to outsmart FBI agents or prove innocence when you cannot see the big picture legally. Consider contacting an experienced federal criminal attorney if you know or suspect that you have become an FBI target.
How We Can Help With FBI Search Warrants
At Kenney Legal Defense, we specialize in building a solid defense in cases where the Bureau bulldozes citizens. If you need assistance, we offer a 30-minute free consultation over the phone and a free fee quote as well. You are assigned an experienced defense team to focus on all aspects of your case.