j****y
发帖数: 1714 | 1 【 以下文字转载自 Military 讨论区 】
发信人: joyjoy (joy), 信区: Military
标 题: 姜波事件的深刻教训
发信站: BBS 未名空间站 (Mon Mar 25 02:59:47 2013, 美东)
无论姜波是否违法，他处理FBI询问的方式基本是最糟糕的，基本犯了最糟糕的错误。
看看网上建议的最佳应付询问的方式
http://ase.tufts.edu/icenter/documents/settlingACLUflyer.pdf
The FBI and other law enforcement agencies have been questioning people
based in part on their ethnicity or religion. If the FBI or police contact
you for questioning, you should be aware of your rights. You are not
required to answer any questions without an attorney present and you should
write down the name, agency and telephone number of the person who calls
or visits you.
1. If an FBI agent or police officer asks to speak to you, tell him or her
that you want to consult with an attorney first. If you want to talk to the
FBI or police,your attorney can respond on your behalf to set up an
interview.
2. ANY information you give to an officer without an attorney, even if it
seems harmless, can be used against you or someone else. Lying to a federal
officer is a crime. Remaining silent is NOT a crime.
3. You are NOT required to allow the officer into your home or office
without a warrant. Ask to see the warrant. If the officer refuses to show
you a warrant, do not stop him if he forces his way into your home or
office. Tell the officer that he does not have your permission to enter.
4. If the officer says that he has a warrant for your arrest, you have a
right to see the warrant. You must go with the officer, BUT YOU DO NOT HAVE
TO ANSWER QUESTIONS UNTIL YOU CONSULT AN ATTORNEY.
5. If you are detained, you should ask for an attorney and remain silent. If
you are detained in an immigration detention center, ask for contact
information for immigration attorneys.
从新闻看，姜波违反了上面的第二条。 任何你说的东西都可能被官方拿来告你。一个
简单的问题：你随身带了什么？ 是个明显的陷阱。没人能够记得清楚自己的所有行李
中有啥东西。稍微有错，就可以诬告你Lying to a federal officer. 但是保持沉默不
是犯罪。
李文和当年也终结他的教训：遇到FBI开口是他烦的最大错误。他以为他在合作，实际
FBI在找他的漏洞来陷害他。
最好的处理方式：要求律师，然后打死都不回答任何问题。
中国留学生很少有美国的法律意识。平时要加强这方面的意识。 |
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