Expert: Jack Toomey - 5/24/2005

Question
I know that the FBI and the INS would normally be going after these guys, but part of the story is that the Border Patrol wants to keep the fact that these guys made it into the country "under the bed."  In other words, they are in fact the only government agency who knows they got in, (never mind how), so one of the Customs and Border Patrols head guys decided to handle it by himself.  He takes a few of his best OPS and they go after these guys.

So, law enforcement doesn't have to make their presence known?


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Followup To
Question -
Mr. Toomey,

I am writing a story and it deals with two foreigners who sneak into the US.  The US government suspects that these foreigners are hostile and are possibly a threat to national safety.  I am writing the scene where the FEDs try to arrest them by breaking into their hotel room (never mind how they got a hotel room).  First of all, how would they go about this.  Second, what exactly would they say when they were at the door of the hotel room.  Or, would they simply kick it in, arrest the foreigners, and talk later?  I have heard that law enforcement officials are always required to make their presence known before the arrest, even in a covert op.

Also, what would be the name for the Customs and Border Patrol "head guy" for a particular state in the US?  Is it commissioner or director or what?  Ex. Commissioner/Director of New York State.???

Thanks,
Tyler
Answer -
Tyler,

    I am assuming that the two foreigners have committed a crime and are wanted?  Like being in violation of the countrys immigration laws or something more serious?  Mere suspicion certainly is not probable cause for an arrest so I would suggest that they be in violation of the immigration laws.   How the police get into the room depends on how dangerous these people are.  Are they suspected of having weapons, bombs, nothing?  If they are terrorits or suspected terrorists then I would imagine that a SWAT team of some sort would be involved but inside a hotel is rather risky so maybe it would be better to wait until they exited the hotel but its your story.

   I don't know where you heard the part about law enforcement making their prescene known.  That wouldn't be too smart would it?

   Can't help you with the Border patrol and New York titles.  Never been to upstate New York and I have never had any dealings with the Border Patrol or any federal agency like that.

   By the way....why is the Border Patrol involved here?  They certainly wouldn't be breaking into any hotel rooms.  If your foreigners have already crossed the border and gotten into a hotel the FBI or INS would be the lead agency.

Answer
  In that case you might want to reconsider your plot because I cannot see, in real life, the Border Patrol going to anybody's hotel room unless its on the Mexican border or close by.

  No.  The police do not have to announce anything if they have a warrant to arrest someone or to search a room.  That would be defeating the whole purpose and could be dangerous for the police.  If you saw that on tv or the movies its wrong.