Legal Question in Criminal Law in California
Can I be forced to give access to a federal agent w/out a warrant?
My question is, can an IRS agent come to my house and demand that I hand over the keys to my office (15 miles away) without giving me a search warrant? He said that a warrant would be left for me at the office and I could get it later. Thank-you for answering my question.
2 Answers from Attorneys
Re: Can I be forced to give access to a federal agent w/out a warrant?
An I.R.S. agent is not endowed with any power greater than any other government worker. If they want to search or seized something, they too must have a warrant. The problem with these thugs is that because they are so oppressive and brutal in their tactics, not even local authorities will assist you when you are being bullied. Sort of sounds like some dictator we just ousted, doesn't it?
As with all bullies, call their bluff. Pleasantly, but persistenly, get their full name and their supervisor's name. Get their full identification details. Make them show you a warrant. If you surrender anything, like keys, or access, or answers to questions, you will be deeemed to have done so voluntarily.
Answer no questions. Do not let them in your home or anywhere else without a warrant signed by a judge. Make them explain what they want. Write it down or record it. Then, check with their supervisor to confirm it. Then, talk with an attorney. Government is the servant, the People are the master.
Re: Can I be forced to give access to a federal agent w/out a warrant?
Not to be insulting, but you are crazy if you give the keys to him. Immediately hire yourself an attorney that knows about criminal defense of IRS fraud charges before saying or doing anything. You are in serious jeopardy here. Even if they are only looking for info about someone else, not you, you have responsibilities to meet.