Can the FBI just decide to collect data on you?

[lateo]

What is the legal requirement of them creating a file on a citizen of the US?

[Dogmudgeon]

1. Yes

Any reason at all; a pretext can and will be found.

To their credit, most of the abuses of the past have been abandoned.

--p!

[Benhurst]

7. At least pre-Bush and 9/11. It's aNybody's guess now. NT

[ReadTomPaine]

8. Perhaps you should add "until recently".

Tho in all honesty Bush doesn't seem to use the FBI as much as Nixon did. Bush prefers making his own organizations, it seems.

[AllegroRondo]

2. Legally, they must have probable cause

that a crime may have been committed.


In reality, thats never really stopped them in the past.

[HereSince1628]

10. Doesn't the FBI keep files on people with some gov't jobs?

If that's true, then having some government jobs may require background/security checks that would result in a file.

Recently, we read that Brownie had his background checked for his position with FEMA. I am guessing that resulted in a report being placed in a file.

[AllegroRondo]

11. True, but thats a condition of applying for the job

you must agree to a background check and associated FBI file. Its in the fine print of the job contract, wayyyy in the back.

[lateo]

13. Do you have a link to the law on that? nt

[AllegroRondo]

18. Its the Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[MemphisTiger]

3. court order

and probable cause. For it to be LEGAL

[Angry Girl]

4. LMAO! (no offense intended) Please! As if they abided by the law! n/t

[Dr.Phool]

5. Asking a question like this.

They've opened files on anyone, for any reason, since they came into existence.

[slackmaster]

6. Yes, that's their job

Whether or not the information they gather can ever be admissible in court is another story.

[Norquist Nemesis]

9. Legal requirement? All it takes is suspicion. n/t

[H2O Man]

14. Correct.

There is no legal requirement that they have to think a crime has been commited, or need a judge's okay. They only need to think of someone as a person of interest. Nothing more.

[The Backlash Cometh]

12. They can now. And if not today, tomorrow. n/t.

[MazeRat7]

15. How would you ever know ?

They are the "man" and they can do pretty much what they want and we can't do squat. Oh, but they are there to "protect" me... right.

MZr7

[lateo]

16. kick

[wrathofkahn]

17. Depends a lot on what you mean by "data."

Things that are in public record can be collected by anyone, any time. So, for example, if the FBI wants to get a copy of your birth certificate or your marriage license, they're perfectly welcome to. In fact, so are your local police, and, in fact, I have the legal right to go down to your local courthouse (or whereever) and collect that "data" on you.

Things that are done in public can also be collected, if they so choose. Technically, if the FBI wants to tail you to work every day, they have that right.

What they can't legally do is start collecting "private" data or entering your home or office to collect files. For that, they need a warrant. The question is how tough the judge is going to be on giving them one. Some judges will give a warrant for anything, and some are tougher about it. That part is just a crapshoot.