Federal Search Warrant Attorney | After a Search Warrant: The First Thing You Should Do
If law enforcement authorities believe you’ve committed a federal crime, they’ll want to look for evidence of your guilt. Authorities might suspect you of a crime regardless of whether you’ve actually broken the law. In that case, they can’t just invade your property because they feel like it. They have to go through the process of getting a federal search warrant. Next, they have to perform their search according to specific legal standards.
A search warrant authorizes law enforcement officials to search your property. To get one, officials at federal agencies like the Federal Bureau of Investigation must go before a federal judge and make a compelling case that you may have committed a crime. They must also convince the federal judge that a search of your property is likely to reveal further criminal evidence. If a judge is satisfied with the justifications for seeking a search warrant, they will grant the warrant.
Law enforcement authorities don’t warn you before executing a search. They want to catch you unawares so that you won’t have time to hide potential evidence. It can be deeply distressing when, seemingly out of nowhere, you’re faced with people who burst onto your property because they believe you’re a criminal.
If you suspect that law enforcement officials might serve you with a federal search warrant — or if you’ve already been subjected to a federal search — it’s vital that you contact an attorney with experience in this area.
Not all attorneys have sufficient experience. Even attorneys who understand the ins and outs of state-level search warrants might be unable to help you. State laws are complex, and federal laws are even more complicated. Additionally, federal laws sometimes conflict with state laws. You need somebody with enough experience to understand all the tricky details of federal search warrants.
The Fourth Amendment
The Fourth Amendment shields United States citizens from unreasonable search and seizure. As mentioned above, law enforcement agents cannot do whatever they please. Through every stage of the search and seizure process, they must refrain from violating the Fourth Amendment. If they make any procedural mistakes, their search might be illegal.
The Fourth Amendment outlines several constraints upon searches:
- Searches must be reasonable.
- Most searches require warrants.
- Without certain extenuating circumstances, law enforcement authorities may not violate a citizen’s reasonable expectation of privacy.
- Warrants require probable cause.
Various laws outline the limits of probable cause. Law enforcement authorities must establish a compelling case that, based on the information they already have, a reasonable person would suspect the existence of criminal activity.
The Fourth Amendment is not the only thing that matters, though. Over time, legislators and judges have clarified, restricted, and added to the constraints outlined in the Fourth Amendment.
Challenging a Warrant
Sometimes, law enforcement authorities mess up. Perhaps they do something wrong when seeking a warrant. In other cases, they might make a mistake while executing a search. If an attorney can successfully establish that the authorities broke the law, some or even all of the evidence from a search might become invalid.
A judge will try to consider the big picture when deciding whether a search was legal. However, conveying all the relevant information to a judge can be difficult unless you know what you’re doing. An attorney with experience defending against federal criminal charges will know which details matter. Problems with any of the following issues could invalidate a search:
- Search location
- Untrue claims when seeking a warrant
- Inadequate evidence of potential criminal activity
- Credibility of an informant
- Improper warrant execution
No two cases are the same, so there are no one-size-fits-all solutions. The right criminal defense attorney will examine the unique details of your situation to determine the best way to move forward.
Though the federal government has the right to seek and execute search warrants, you do have rights. If authorities did something wrong during one or more steps of the search process, they might have broken the law.
Federal criminal defense lawyers understand the legal constraints surrounding searches, and they know where to look for potential mistakes from authorities. If you’ve been subjected to a federal search, you might benefit from contacting a criminal defense attorney.
After a Search Warrant: The First Thing You Should Do
The American courts and all those who work for them have broad powers. Under constitutional law, law officers of the court have the right to investigate crimes. As part of this investigative process, officers of the court may want to search someone’s home or investigate items such as records at their place of business. There are several ways that officials can choose to conduct such an investigation. One such method is via what is known as a search warrant. The search warrant is a highly specific legal document. It empowers officials to come into an individual’s home and other private spaces in order to look for evidence that a crime has been committed. If you’re the target of such a search, you might be wondering what to do next.
The first thing you must do is call a lawyers. You have certain rights under law even if you are being searched. These rights must be observed during the process of administering the warrant and carrying it out. A lawyer can help you sort out how to respond while fully protecting your rights. At the same time, it can be hard to get hold of a lawyer immediately. If you have been served with a warrant in the middle of the night, you might have to wait until the next morning to get access to legal counsel. In the meantime, there are certain steps that you can take right now. The reach of the law is scary but it’s not the end of the world. Keep in mind that anything you say and do can be used against you later as as any case continues.
If you ask any questions, it’s best to try and keep to the facts. Do not give away your thoughts or speak further about any issues that might be related to the case. You should make an effort to get access to their business card and find out which agency is doing the investigation. You are entitled to know who is behind the search warrant and what kind of legal issues that you might be facing right now. However, in general, you want to keep all conversation to a minimum. Do not speak unless you have to speak right now. Watch the agent or agents carefully as they work but say as little as you can once you find out why they are there.
It Can Take Time
It’s also a good idea to keep in mind that a search does not necessarily mean that you’ll be charged in a court of law immediately. A case can time to unfold. Government officials may be collecting evidence but this does not mean that they have a case against you. A case can take time to build. At the same time, there are statutes of limitations that will apply in many cases. For example, if you are being accused of a crime such as art theft, the federal government must act within a certain time frame to make a case or they are not allowed to do so under law.
In the meantime, the government may have taken some of your property. This property can be kept by the government for weeks and even years as they assemble the case. In general, you can expect items like computers back once the feds have made relevant copies of the items they want to use in any case. In other instances, you might have to wait a long time just to have them returned. The same may also be true of your important legal documents. Government officials can take your passport if they think you’re likely to flee to another country. If they do this, you might have to wait a long time to get the passport back and then promise to agree to stay in the jurisdiction until the investigation is done.
Write it Down
As the process continues and after it’s over, this is the time to write down what happened. You should include as many details as you can. This includes the number of agents at your door, when they arrived, what was said by each agent and all information they gave you during the search. It’s also time to write down any names you were given as well as any business cards that were handed out during the search. Your goal is capture what happened accurately. It’s also to make sure that you have as many details as you can on hand. Keep this in a single file. Label the file Attorney Client Privileged. This makes it clear that the legal authorities do not have the right to read it without consulting with your lawyer. Take that deep breath you need and start getting an organized response as soon as you can.
What Makes Search Warrants Unconstitutional?
In most situations, the only way for an agent to search a property is to first obtain a search warrant. In the event that an agent enters a home or business without obtaining a search warrant, anything they gather from their search could be deemed inadmissible in court. It’s also important to understand that a search warrant existing doesn’t automatically indicate that the warrant is sufficient for the type of search that occurred. For instance, it’s possible that the search went beyond the scope of the search warrant. If the search warrant is found to be deficient, some or all of the gathered evidence could be excluded from the case.
Current Standards for Probable Cause
The only way a search warrant can be valid is for it to be based on some kind of probable cause that resulted in the search. Probable cause is defined by the U.S. Supreme Court as a decent probability that evidence or contraband pertaining to a crime will be located in a specific place. In order for a search warrant to be granted, it will need to be approved by a magistrate who is considered to be impartial.
Before the magistrate can grant the search warrant, they will be tasked with assessing the facts and information that investigators have presented to them about the case in question. The magistrate must determine that probable cause is legitimate in order to issue the search warrant. Keep in mind that this decision can’t be based on outdated information or on information that was obtained during an illegal search.
It’s possible for the defendant to request that the warrant be invalidated in the event that the warrant was issued without probable cause or because the magistrate wasn’t neutral when making the decision. If you believe that a search warrant in your case is unconstitutional, it’s important that you have experienced lawyers by your side who know how to argue this type of case in court. Our lawyers can help you gather the evidence you require to prove the search warrant was unconstitutional.
Search Warrant Specificity
To fully understand how search warrants work, you should know that search warrants can’t be used for wide-ranging searches that are more exploratory in nature. In order for a search warrant to be constitutional, it will need to go into detail about the exact place that’s going to be searched and what items the investigators are looking to seize. When the descriptions contained in a search warrant are too broad and vague, it’s possible for the defendant to make a request that the search warrant be invalidated.
Adherence to Scope Detailed in Warrant
Any investigating agents who are involved in executing the search warrant must adhere to the scope that’s detailed in the warrant. As mentioned previously, search warrants must be specific in the types of items that will be seized. If an investigating agent happens to seize an item that doesn’t fall under the scope of the warrant, the search warrant may not be valid.
Even if some of the items in the defendant’s business or home are evidence of unrelated crimes, these items cannot be seized. Let’s say that agents have obtained a warrant that allows them to search a person’s home. If the agents search the person’s car as well, it’s possible that anything found in the car would fall outside of the search warrant.
How the Exclusionary Rule Applies
The exclusionary rule is an important component of search warrants that could apply in your case. This rule was put into place to ensure that any evidence that was gathered in violation of the defendant’s constitutional rights can’t be used to prove guilt once the case goes to trial.
Keep in mind that the exclusionary rule applies to search warrants as well. If the evidence gathered against you falls outside of the scope that the warrant had, the evidence could be excluded from the trial once a motion is filed. Before you go to court for a crime you were charged with, it’s essential that you know your rights.
If you have been charged for a crime of any severity and believe that the search warrant was unconstitutional, contact our criminal defense attorneys today to determine what your best legal options are.
After a Search Warrant: The First Thing You Should Do
The American courts and all those who work for them have broad powers. Under constitutional law, law officers of the court have the right to investigate crimes. As part of this investigative process, officers of the court may want to search someone’s home or investigate items such as records at their place of business. There are several ways that officials can choose to conduct such an investigation. One such method is via what is known as a search warrant. The search warrant is a highly specific legal document. It empowers officials to come into an individual’s home and other private spaces in order to look for evidence that a crime has been committed. If you’re the target of such a search, you might be wondering what to do next.
The first thing you must do is call a lawyers. You have certain rights under law even if you are being searched. These rights must be observed during the process of administering the warrant and carrying it out. A lawyer can help you sort out how to respond while fully protecting your rights. At the same time, it can be hard to get hold of a lawyer immediately. If you have been served with a warrant in the middle of the night, you might have to wait until the next morning to get access to legal counsel. In the meantime, there are certain steps that you can take right now. The reach of the law is scary but it’s not the end of the world. Keep in mind that anything you say and do can be used against you later as as any case continues.
If you ask any questions, it’s best to try and keep to the facts. Do not give away your thoughts or speak further about any issues that might be related to the case. You should make an effort to get access to their business card and find out which agency is doing the investigation. You are entitled to know who is behind the search warrant and what kind of legal issues that you might be facing right now. However, in general, you want to keep all conversation to a minimum. Do not speak unless you have to speak right now. Watch the agent or agents carefully as they work but say as little as you can once you find out why they are there.
It Can Take Time
It’s also a good idea to keep in mind that a search does not necessarily mean that you’ll be charged in a court of law immediately. A case can time to unfold. Government officials may be collecting evidence but this does not mean that they have a case against you. A case can take time to build. At the same time, there are statutes of limitations that will apply in many cases. For example, if you are being accused of a crime such as art theft, the federal government must act within a certain time frame to make a case or they are not allowed to do so under law.
In the meantime, the government may have taken some of your property. This property can be kept by the government for weeks and even years as they assemble the case. In general, you can expect items like computers back once the feds have made relevant copies of the items they want to use in any case. In other instances, you might have to wait a long time just to have them returned. The same may also be true of your important legal documents. Government officials can take your passport if they think you’re likely to flee to another country. If they do this, you might have to wait a long time to get the passport back and then promise to agree to stay in the jurisdiction until the investigation is done.
Write it Down
As the process continues and after it’s over, this is the time to write down what happened. You should include as many details as you can. This includes the number of agents at your door, when they arrived, what was said by each agent and all information they gave you during the search. It’s also time to write down any names you were given as well as any business cards that were handed out during the search. Your goal is capture what happened accurately. It’s also to make sure that you have as many details as you can on hand. Keep this in a single file. Label the file Attorney Client Privileged. This makes it clear that the legal authorities do not have the right to read it without consulting with your lawyer. Take that deep breath you need and start getting an organized response as soon as you can.