Is it happening right now?

Pick the one that is happening. Each list is short, and each one prints on its own page.

Print this. Copy it. Mail it to someone inside. That’s what it’s for. Just don’t sell it.

How to mail it inside, and what the mailroom rejects

A They’re at the house now

Prints on its own sheet, with its sources.

Say this out loud, then stop talking“I want a lawyer. I don’t consent to any searches.”

While they are there7 items

Say these words out loud: “I want a lawyer. I don’t consent to any searches.” If they ask who you are, give your name and date of birth. Nothing else.Staying quiet is not enough by itself. Courts have said you have to say it.¹ If you are under arrest, the questions have to stop once you ask for a lawyer.²
Don’t answer questions about the case, even friendly ones. Don’t explain.The friendly one is the one taking notes. As I wrote in Surviving Pretrial, “The police are allowed to fill in the blanks where it suits them.”
Never lie to an agent. If you don’t want to answer, say nothing.Staying silent is your right. Lying to a federal agent is a separate federal crime.³
Don’t sign anything, unlock a phone or give a password. If they ask, say: “I don’t consent to any searches.”Agreeing gives them another legal reason to search, on top of the warrant.⁴ Asking for a lawyer is not the same as refusing consent, so say both.
Don’t resist, and don’t argue about the warrant.You fight the warrant later, in court, with a lawyer.⁵
If you are not under arrest, ask: “Am I free to leave?”If they say yes, leave. Go get coffee and wait it out. If they say no, treat it like an arrest: stop talking and say the words again. They are allowed to hold the people who live there while they search.⁶
Don’t film during the search.Phones are often taken in a search, so film the house after they leave, the way list B shows.

Print this. Copy it. Mail it to someone inside. That’s what it’s for. Just don’t sell it.

What happens next: stage 1, Agents showed up

B They just left

Prints on its own sheet, with its sources.

Start a video on a phone and say this firstFill in the blanks first

My name is your full name. Today is the date, and the time is the exact time. I am at the full address. I am recording this at the first opportunity. To my knowledge, nobody has entered since the police left.

Only say the last sentence if it is true. If it isn’t, say what is true instead: for instance, “At 2 p.m. I went in and took the dog out.”

In this order, before anyone cleans or moves a thing7 items

Walk every room in silence, with every light on, even if it is sunny outside.Don’t talk or comment. Get the full view from each corner of the room. Zoom in on anything that stands out, like broken walls or doors.
Save the video and back it up. Keep the original file.Texting it or sending it on WhatsApp strips out its date and time.
Find the papers they left, usually on the kitchen table. Find the inventory, the list of what they took. Don’t read anything else yet.Agents have to leave a copy of the warrant and a receipt for what they took.⁷
Check the inventory against what was there. Write down anything that is gone but not on the list.Property is broad: the dog, guns, knick-knacks, photos. Be precise and don’t make anything up. If you don’t know, leave it blank.
Don’t delete, wipe, move or throw out anything.Destroying records or property after a search is a separate federal crime.⁸
Write only about the search. Never write about the case.Notes a family member keeps are not protected the way a talk with a lawyer is.⁹
Then stop and eat something, and visit your loved one if you can.Don’t hire a lawyer yet, and don’t talk to agents. Cleaning up can wait.

Print this. Copy it. Mail it to someone inside. That’s what it’s for. Just don’t sell it.

The full search-warrant guide: 1A

The search journal app: film, list and save it all on your phone

If they took someone with them: where he is held and the first court date

C He was arrested, or just called from jail

Someone you love was arrested, or just called from jail. Keep any call calm and short, and write things down as soon as you hang up.

Prints on its own sheet, with its sources.

On the call3 items

Talk about anything except the case.Jail calls are recorded, and the prosecution can get the recordings.¹⁰ Rule Number 2 in my book: “Do not talk to anyone about your case.”
Don’t agree to do anything with phones, accounts, passwords or files, even something innocent.The government can call it obstruction of justice, and that can mean a longer sentence. The book’s example is a family member asked on the phone to turn off a Facebook account.¹¹
Ask where he is being held, and write it down.Someone arrested on federal charges is held by the U.S. Marshals, usually in a county or private jail that holds federal prisoners under contract, sometimes in a federal detention center.¹²

Right after4 items

Find out the date of the first court appearance, and go if you can.He must be brought before a magistrate judge without unnecessary delay. The judge tells him the charges and his right to a lawyer, and the release hearing usually happens then, or a few days later if either side asks to put it off.¹³¹⁴ Court is open to the public. Sit where he can see you.
Don’t pay a lawyer tonight.From the book: “There is time to find a lawyer.” The judge appoints one at the first court date for anyone who can’t afford a lawyer, and can later order some of the cost paid back if there turns out to be money. Taking an appointed lawyer doesn’t stop you from hiring one later.¹⁵
Start a list of his ties to the community: work, family nearby, how long he has lived there, a place to live if he is released.The judge weighs those at the release hearing.¹⁶ Give the list to his lawyer.
Tell him to talk to his lawyer in a legal visit or a legal call set up by the lawyer, not on the regular jail phone.Calls on the regular line can be recorded, even calls to a lawyer.¹⁰

Print this. Copy it. Mail it to someone inside. That’s what it’s for. Just don’t sell it.

My family member was arrested: what happens now, guide 2A

Will he come home before trial? Guide 2B

What happens next: stage 2, Arrest & the release hearing

How to mail these pages to him

This is educational information from a paralegal, not legal advice. Every case is different. Talk to a lawyer about yours.

§ Sources

Berghuis v. Thompkins, 560 U.S. 370 (2010) (staying silent does not invoke the right; saying so does); Salinas v. Texas, 570 U.S. 178 (2013) (plurality opinion). Back
Edwards v. Arizona, 451 U.S. 477, 484–85 (1981) (once a person in custody asks for a lawyer, questioning stops until a lawyer is there, unless the person starts talking again). Back
18 U.S.C. § 1001(a) (a knowingly false statement in a federal matter: up to 5 years). Back
Schneckloth v. Bustamonte, 412 U.S. 218, 248–49 (1973) (a search with voluntary consent needs no warrant). Back
Fed. R. Crim. P. 12(b)(3)(C) (a motion to suppress evidence is made before trial). Back
Michigan v. Summers, 452 U.S. 692, 704–05 (1981) (a search warrant carries the authority to detain the people who live there while the search is done). Back
Fed. R. Crim. P. 41(f)(1)(C) (a copy of the warrant and a receipt for what was taken, given to the person or left at the place). Back
18 U.S.C. § 1519 (destroying or hiding records or objects to obstruct a federal investigation: up to 20 years); 18 U.S.C. § 2232(a) (destroying or moving property before, during or after a search to stop the government taking it: up to 5 years). Back
Surviving Pretrial, page 104: “If Jimmy’s parents are made privy to all of the confidential information, then the information is not protected by the privilege.” Back
Surviving Pretrial, page 224: “nothing of substance should be discussed on that phone because they are recorded.” In federal prisons: 28 C.F.R. § 540.102 (calls can be monitored, with notice; a properly placed call to a lawyer is not). Back
U.S.S.G. § 3C1.1 (obstructing or impeding the administration of justice); Surviving Pretrial, page 424. Back
18 U.S.C. § 4086 (U.S. Marshals keep people arrested under federal law until they are committed to an institution); 18 U.S.C. § 4013(a)(3) (paying state, local and private jails to hold them). Back
Fed. R. Crim. P. 5(a)(1)(A) (without unnecessary delay before a magistrate judge); 5(d)(1) (what the judge must tell the defendant). Back
18 U.S.C. § 3142(f) (the release hearing is held at the first appearance unless put off: up to 3 days for the government, 5 for the defense, not counting weekends and holidays). Back
Surviving Pretrial, pages 134 and 203; 18 U.S.C. § 3006A(a)(1)(A), (b), (f). Back
18 U.S.C. § 3142(g)(3)(A) (family ties, employment, length of residence and community ties are among what the judge weighs). Back

Surviving the Feds is not a law firm and never provides legal advice. Everything here is for educational purposes only, drawn from lived experience and years of paralegal work in federal criminal cases. Using this site or app does not create an attorney-client relationship. Bilal Khan is not a lawyer. Nothing in the legal world is guaranteed, so talk to a lawyer about your own case.