Protecting Your Rights: Federal Search Warrants and Defense Options

The Fourth Amendment and Your Right to Privacy

When a federal agent attempts to search or seize your property, it can be a cause for concern. However, the Fourth Amendment of the U.S. Constitution protects citizens from unreasonable search and seizures. It guarantees “the right of the people…against unreasonable search and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause….”

At Spodek Law Group, we understand how important it is to protect your constitutional rights. Our experienced attorneys are here to help you navigate the complex legal system and defend your rights.

Federal Search Warrants and Your Legal Rights

If you are facing a federal criminal investigation, federal law enforcement agents can be aggressive in seeking evidence. This may include warrantless searches, which are not uncommon.

Federal law enforcement agencies, such as the Federal Bureau of Investigation or the Drug Enforcement Administration (DEA), may ask a federal judge for a warrant to search your property if they believe you have committed a crime.

To obtain a federal warrant, agents must present a written affidavit with specific details about why they believe you committed a crime and why they believe the evidence of the crime can be found on the property they are asking to search.

At Spodek Law Group, our federal criminal defense lawyers can provide you with vital information to help you understand your legal rights and options if a federal law enforcement agent contacts you with a warrant.

Federal Warrants versus State Warrants

Both state and federal governments can issue warrants for search and seizure. The main difference between the two types is the alleged criminal act. State-issued warrants involve alleged violations of state laws, enforced by local law enforcement officials, and approved by state judges.

Federally-issued warrants are authorized by a federal magistrate judge and involve alleged crimes that fall under federal jurisdiction, such as crimes that cross state lines, occur on federally-owned property, or take place in an airplane or an airport.

Obtaining a Federal Search and Seizure Warrant

Federal search and seizure warrants are executed when the government believes you have committed a crime or that evidence of a crime can be found on your private property. To obtain a federal warrant, federal officials must produce an affidavit with evidence supporting the claim that your property should be searched or seized.

There are exceptions that allow federal agents to search and seize property without a warrant, including when the property owner voluntarily consents to a search or when law enforcement has probable cause to believe a vehicle has contraband or evidence of illegal activity.

If law enforcement is chasing a suspect in public and the suspect hides in a private facility, they have a right to enter the property in “hot pursuit” without a warrant.

Executing a Federal Search and Seizure Warrant

After a federal magistrate judge has issued the warrant, federal law enforcement officers will have 14 days to enforce the warrant. The warrant will identify the name of the person the warrant is for, the property that will be searched or seized, and which judge will preside over evidence discovered.

It is important to note that if federal agents search without a warrant, they may not have the right to do so. If you believe your rights have been violated, it may be possible to challenge the legality of the search and seizure of your property or person.

How to Defend Against a Federal Warrant

The most effective defense against a federally-issued search warrant is challenging its legality. Common ways to challenge the legality of a warrant include arguing that the underlying evidence used for the affidavit is false or incomplete, false statements by federal agents in support of the affidavit, or probable cause issues with obtaining the warrant.

If evidence was recovered during the execution of the warrant, it is possible to challenge the legality of the search in other ways. The defense might involve rendering the found evidence inadmissible if it was discovered outside the parameters established in the warrant or if the evidence recovered did not match the expectations put forth in the warrant.

At Spodek Law Group, our experienced attorneys have a deep understanding of the law and the professionalism to handle any legal situation. We have successfully defended clients against federal warrants by challenging the legality of the warrant and the evidence obtained through it.

Your Legal Right to Privacy

Regardless of the exceptions discussed above, your legal right to privacy is protected. If federal law enforcement agents have acquired a search warrant from a judge, it doesn’t always mean the warrant was legally valid. Our attorneys can help you prove the warrant was not based on sufficient probable cause or was too broad to describe where agents could search.

Contact Us for Help

If you are facing a federal criminal investigation or have been contacted by federal law enforcement agents with a warrant, it is important to seek legal representation. At Spodek Law Group, we have the experience and knowledge to defend your rights and protect your future.

Contact us today to schedule a consultation with Attorney Todd Spodek and learn how we can help you navigate this difficult legal situation.

Why Choose Spodek Law Group?

At Spodek Law Group, we understand that facing a federal investigation and search warrant can be a stressful and overwhelming experience. That’s why we are committed to providing our clients with the highest level of professionalism and expertise.

Our experienced attorneys have a deep understanding of federal search and seizure warrants and have successfully defended clients against them. We know how to challenge the legality of a warrant and the evidence obtained through it, ensuring that our clients’ rights are protected.

When you choose Spodek Law Group, you can trust that we will provide you with the guidance, support, and representation you need to navigate this difficult legal situation.

Contact us today to schedule a consultation with Attorney Todd Spodek and learn how we can help you protect your rights and your future.