What to do if the Police or ICE Come to Your Workplace or Business

Fourth Amendment

The Fourth Amendment states, quote, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

ICE In Workplace or Business

Generally, Police and ICE may enter places of a business that are open to the general public without any prior authorization. However, Police and ICE are not allowed to enter places of the premises that are not open to the public, like a back office, employee breakroom, employee only restrooms, kitchens, employee locker rooms, etc. Make sure that you take your phone a film the encounter but do not touch or obstruct the officers from lawful conduct. Filming police and ICE while they are engaged in their duties or acting under color of law is conduct that is protected by the First Amendment of the U.S. Constitution.

Further, the police or ICE cannot make you delete the contents of your phone or search the contents of your phone without your permission or a valid search warrant issued by a magistrate or judge. Additionally, send a text message or email to your attorney that the police or ICE are at your workplace or business. Whatever you do, do not run, or get violent or make threats of violence against Police or ICE. If you run or physically fight, they will have probable cause to seize you.

Finally, shut your mouth and do not answer any questions that the Police or ICE may ask you. Simply and respectfully state, “I do not wish to answer any questions until I speak with a lawyer.” Then ask “Am I free to go.” If they say you are free to go, walk away. If they say you are being detained, do not walk away but respectfully ask, “what crime am I suspected of committing.” Make sure to record this exchange if possible. At a minimum, try to have a non-police or non-ICE person present as a witness.

 Fifth Amendment Right to Remain Silent

The Fifth Amendment of the U.S. Constitution states in part, quote, “No person shall be compelled in any criminal case to be a witness against himself.” This means that the government does not have the authority to make you answer questions that may incriminate yourself.

Valid Search Warrant Parameters

If the Police or ICE have a valid search warrant to search your work place or business, that is issued by a neutral and detached magistrate or judge, that specifically authorizes the Police or ICE to search the employee only areas of a business for things such as prohibited contraband or individuals named to be seized and arrested, they may search. Beware, a Form I-200, U.S. Department of Homeland Security Warrant for Arrest of Alien or similar document is not a valid warrant because it is not issued by a Judge or Magistrate through a Court. In other words by the judicial branch, not the executive branch.

If the Police or ICE have a valid, judge or magistrate issued warrant, which should have a caption of the Court it is issued from and a judicial signature, you must permit them to conduct a search as prescribed in the warrant. As a non-ICE related example, if the Police are searching a home or other place for a shotgun that is named in a valid warrant, they cannot access areas where a shotgun could not fit like a medicine cabinet or a night stand drawer. In other words, police and ICE cannot search areas that could not possibly contain items or persons to be seized in a warrant.

As another example, if ICE comes with a valid arrest warrant to be executed at your workplace or business for a named individual, they cannot search for places where that individual could not possible be like in drawers, or on your computer. Also know that any contraband in plain view may also be seized by the Police in addition to whatever they are searching for, provided they locate that.

You may observe the Police or ICE conduct their search pursuant to a validly issued warrant, but keep your distance and do not obstruct their search or make any physical contact with them.

If the Police or ICE do not have a valid, Judge or Magistrate issued search or arrest warrant, naming the specific location to be searched, and the items or persons to be seized, do not consent to a search of the non-public areas of the business or work place. If you say no to a search, they will generally need a come back with a warrant signed by a judge or magistrate to conduct a search, which must be based upon a judge or magistrate’s finding of probable cause.

Again, if the Police or ICE attempt to ask you questions, respectfully decline to answer any questions. If you or a co-worker or employee are seized, they should assert that they will not answer any questions until they have spoken with an attorney.

Sixth Amendment Right to Counsel

The Sixth Amendment of the U.S. Constitution states in part, quote, “In all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for his defence.” This means that you have the right to speak with an attorney before answering any questions from the police or ICE.

Forced Entry into Business by Law Enforcement

If the Police or ICE force their way into your work place or business, do not resist. Tell everyone in the business or work place to remain silent and don’t answer any questions until they have had the opportunity to privately speak with a lawyer.

You have the right to remain silent. You do not have to discuss anything with them including your immigration status, whether you are a U.S. citizen or anything else for that matter. If you have valid immigration documents you should show them. If you are arrested, say that you wish to speak to a lawyer before answering any questions. After making that clear, police or ICE should honor that request. They cannot compel you to say anything once you have invoked those rights.

Immediately contact an attorney as soon as possible if you believe your rights have been violated by a government official. If a state or local official violates your constitutional rights, you may have a claim where you could recover damages under 42 U.S.C. 1983- titled, “Civil Action for Deprivation of Rights.” If a federal official violates your constitutional rights, you may have a claim where you could recover damages, which is called a Bivens claim, under the 1973 U.S. Supreme Court precedent from case named Bivens v. Six Unknown Agents.

Contact Biazzo Law at alyssa@biazzolaw.com to schedule a consultation.