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From: The Conflict
Subject: More guidelines on what to do if busted
Date: Tue, 13 Nov 90 12:26 CST

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***  CuD #2.12: File 8 of 9: More tips on Reacting to a Raid     ***
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%%          Simple Guidelines To Follow If You Encounter          %%
%%        Law Enforcement Agents In An Unfriendly Situation       %%
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The current state of the Computer Underground is an extreme turmoil.  The
recent threat of another series of witchhunt raids has put many people into
a state of paranoia, and rightfully so.  Noone needs to deal with all the
bullshit associated with a bust.  I am offering a few guidelines to follow
if you are placed in a precarious situation instigated by a law enforcement
agent; of course, it is up to you to decide what you want to do.  Of the
people who I have spoken with, these will be some of the best steps to
follow if you receive an unexpected visit.

Probably the first thing you would want to do if you receive an unfriendly
visit from Joe Fed is to READ the fucking warrant.  Find out why you have
been chosen, and what they are looking for.  Also, remember that if they
have only a search and seizure warrant, they are warranted only to
confiscate items on your premises; however, if they are serving a subpoena,
they may take what they need, on or off your premises.  So, in essence, the
clean-house preventive measure may or may not be useful to you.

An important thing to do when Agent Foley (or one of his lesser evil
counterparts) comes knocking on your door is to cooperate fully.  Drop a
lot of "Yes sir"/"No sir" answers; respond politely.  You're in no position
to be a smart ass, and being friendly surely can not hurt you.

Another important thing to remember, although it is almost opposite of the
aforementioned, has to do with what to say.  In essence, do not say a
fucking thing if you are questioned!  Remember, anything you say or do can
and WILL be used AGAINST you in a court of law.  Simply reply, "I can not
answer any questions without counsel", or "I first must contact my
attorney."  You need not answer a damn thing they ask of you without an
attorney present, and it would most probably be very detrimental to do so.

This hint parallels the previous one.  No matter what you do, do not reply
to any question with "I don't know anything", or any simple derivation of
that phrase.  If you do, and you are indicted, you will be reamed in court.
The presence of that statement could greatly damage your defense, unless
you are conditionally mental or something.

In essence, those are all you should need.  What I have outlined is very
simple, but logical.  You need to keep a level head at least while they are
on site with you; get pissed off/psycho later, after they leave.  If you
are currently an active member of the Computer Underground, you may wish to
lose anything that is important to you, at least temporarily.  Why?  Well,
the analogy I was given follows that:  if you were suspected of
racketeering, the feds could execute a search and seizure on your property.
If they can prove by 51% that ANY of the confiscated material COULD have
been used in your suspected racketeering, it is forfeited (i.e. you lost
it, for good).  The forfeiture stands whether or not you are indicted or
convicted!  So, you would be entirely screwed.

All of the aforementioned steps are important.  Those are all I really have
to offer.  I suggest that you get clean before the sweep occurs, and that
you stay clean until after the sweep clears.  Exercise extreme caution.
Keep your head high, and keep your back to the wall (otherwise, it would be
quite possible to find a knife lodged in it).  Stay safe, and good luck!

The Conflict (11-13-1990)

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