Many people have watched the ever-increasing implementation of raw government power against occupants of this country. As a farm employer, you may want to consider, in advance of masked agents wearing mismatched camo clearance pieces from a sporting goods store armed with assault rifles, how you and your company will react.
Here are some things to consider.
To the person interacting with you on behalf of the government, ask these questions in a calm, professional manner. Like anything, practice is a great tool to learn. Identify who is going to speak for the company. Saying I am not authorized to allow you access sounds good in your head, saying it when you have an armed government agent who has taken a hostile posturer is another. Advise that person don’t hurry, it’s not a used car and your natural desire to consent and obey is being preyed upon in some cases. Its clear that yelling, threats and cajoling seem to replace calm professionalism in some instances and escalating will not be a solution to success.
The script:
Who are you?
Why are you here?
And do you have a warrant?
Is it a judicial warrant or an admin warrant>
By the way, Admin warrant DHS I21205 form does not allow entry into private areas, does allow for specific arrest of a person in public, does not require documents to be produced at once, you may review and take up to three days to respond.
A Judicial warrant is reviewed by an Article III Judge to find probable cause, which is a higher standard and likely allows for more invasive searches.
Educate yourself on the difference between the two as an employer. Websites have examples.
As an employer, you have the right to review any warrant.
You have the right to limit access to private areas not covered by the warrant. Dairy barns and people housing are two different areas for example.
You have the right to remain silent, and you have the right to counsel.
You have three days to provide documents requested and you should take it.
In Iowa, you have the right to record a conversation if you are part of it, even if the other party can’t see it. Not every state follows that same rule. Understand where you are. Understand the difference between shoving a cellphone into an officer’s personal space and simply hitting record .
