Understanding Federal Search Warrants and Your Defense Options

As a citizen of the United States, you have the right to privacy and protection against unlawful search and seizure. However, if you are the target of a federal criminal investigation, federal law enforcement agents may attempt to search and seize your property. In this article, we will discuss federal search warrants and your defense options if you are facing this situation.

What are Federal Search Warrants?

Federal search warrants are issued by a federal magistrate judge when a federal law enforcement agency, such as the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA), believes that you have committed a crime, and they need to search your property for evidence. 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.

State Warrants vs. Federal Warrants

Both state and federal governments can issue a warrant 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, are enforced by local law enforcement officials and are approved by state judges. Federally-issued warrants, on the other hand, are issued when a federal law is alleged to have been broken, are enforced by a federal agency (such as the FBI), and are authorized by a federal magistrate judge. Alleged crimes that fall under federal jurisdiction include crimes that cross state lines, crimes that occur on the federally-owned property, and crimes that take place in an airplane or an airport.

How are Federal Search and Seizure Warrants Obtained?

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 somewhere on your private property. A federal official must produce an affidavit with evidence supporting the claim that your property should be searched or seized. Possible evidence could be physical evidence, sworn testimony from a witness, or testimony that occurs over the phone or an electric device.

When can Federal Agents Search Without a Warrant?

There are exceptions that allow a federal agent to search and seize property without a warrant, including but not limited to cases where the property owner voluntarily consents to a search if a weapon is involved in the alleged crime, and law enforcement officials have reason to believe it could be used against them or destroyed if the incriminating evidence is in plain sight but unable to be accessed without entering the property, when there is no reasonable expectation of privacy if the property has been abandoned or is considered illegally obtained, or to prevent harm.

Defending Against a Federal Warrant

The most effective defense against a federally-issued search warrant is challenging its legality. Sometimes warrants are issued in haste, which creates opportunities for procedural mistakes to occur or for evidentiary details to be overlooked or rushed. Common ways in which legality is argued are underlying evidence used for the affidavit is false or incomplete, false statements by federal agents in support of the affidavit, probable cause issues with obtaining the warrant, witness that provided the evidence for the affidavit is biased, unreliable evidence was used to support the affidavit, federal law enforcement officer requesting the warrant is prejudiced, the judge is biased against the subject of the warrant, information in the affidavit is outdated, property identified in the warrant is not specific enough, or property required to be searched or seized is not closely enough related to the alleged crime.

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

Regardless of the exceptions discussed above, if federal agents search without a warrant, they may not have the right to do so. It might be possible to challenge the legality of a search and seizure of property or a person, but there must be sufficient legal grounds.

To best protect yourself from criminal prosecution, it is crucial to retain a lawyer when you know that a federal search warrant has been authorized. The right lawyer can help you navigate the legal system and provide you with the information you need to make the best decisions for your case.

At Spodek Law Group, our federal criminal defense attorneys have extensive experience handling cases involving federal search warrants. We understand the complexities of federal law and can help you protect your rights and defend against any charges you may face.

Todd Spodek, our lead attorney, is a skilled and experienced litigator who has represented clients in a variety of high-profile cases. He has a thorough understanding of federal law and can provide the aggressive and strategic representation you need to achieve the best possible outcome in your case.

Final Thoughts

If you are facing a federal search warrant, it is essential to understand your legal rights and defense options. Federal search warrants are issued when the government believes you have committed a crime or that evidence of a crime can be found on your private property. However, you have legal rights, and the most effective defense against a federally-issued search warrant is challenging its legality.

To ensure that your rights are protected and to achieve the best possible outcome in your case, it is crucial to retain an experienced federal criminal defense attorney. At Spodek Law Group, we have the knowledge and experience needed to provide you with the aggressive and strategic representation you need. Contact us today to schedule a consultation and learn more about how we can help you defend against a federal search warrant.