What is the ICE investigation process? Do I have the right to be presented with a search warrant or notice of investigation?

Asked almost 2 years ago - San Diego, CA

Recent threats against my business have been anonymously made about reporting us to ICE.

Attorney answers (6)

  1. Greg Hagopian

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . I.C.E. = Imigration and Customs Enfircement. This is a federal agency dealing with illegal immigrants. You do not have the right to be notified when an investigation is going on.

  2. Kenneth Lance Rogers

    Contributor Level 7

    4

    Lawyers agree

    Answered . There is no requirement that I am aware of that ICE officials give notice to the target of a federal investigation. However, if these threats are false and you can prove it you may wish to voluntarily contact ICE and/or local law enforcement for a couple of reasons. First, it sounds as if someone is abusing law enforcement for some unknown purpose. If this motive was improper and has caused you or the business significant injury there may be a civil abuse of process claim against this person. Second, this person may have committed a crime of filing of a false report and/or extortion. These are very serious allegations and you may want to speak to an attorney for your business before speaking with law enforcement.

    Good luck.

    Law Offices of Lance Rogers, APC | (619) 333-6882 | info@lrogerslaw.com | 835 Fifth Ave., Ste. 307, San Diego, CA... more
  3. David Philip Shapiro

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Many times you are deliberately NOT notified of an investigation since the agency fears destruction of evidence, covering up any illegal conduct, etc.

    Do not make any statements if approached by law enforcement and hire a locally experienced criminal defense attorney ASAP

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  4. Curtis Lamar Harrington Jr

    Contributor Level 20

    3

    Lawyers agree

    Answered . What would the search warrant be for?

    The only federal case searches relating directly to ICE that I have read about are relating to searches for PERSONS being transported (and books and records relating to persons being transported).

    If you think you might be searched, it might be a good idea to hire a criminal defense attorney to speak with you in person, go on-site to examine your business. You may want to have a tax attorney look at your records to further insure that your business is legal, and legitimate. Your business records can be used against you just like anything found in a search.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more
  5. Bradley R Corbett

    Contributor Level 11

    3

    Lawyers agree

    Answered . No

  6. Charles K. Kenyon Jr.

    Pro

    Contributor Level 19

    Answered . No. You don't have a right to advance notice. If there is a search warrant, you have a right to see it, but there may not be a search warrant.


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