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Federal Search Warrant Execution
Last Updated on: 15th November 2025, 09:30 pm
At Spodek Law Group, we’ve defended federal criminal cases for over 40 years as a second-generation, and premier criminal defense law firm based out of NYC. We understand how federal cases work. And how federal search warrants – are just the start of a formal federal investigation. Often, the outcome has already been decided.
Led by Todd Spodek, who represented high-profile federal defendants including Anna Delvey — featured on Netflix — and the juror in the Ghislaine Maxwell trial, we understand exactly what you’re facing when FBI agents execute a search warrant at your home or business. This article explains what to do during federal search warrant execution — right now, while agents are still in your home — and the 30-90 day timeline after the search before indictment. FBI agents are asking you questions. What you say in the next 30 minutes can create separate federal charges under 18 USC 1001 (false statements made to federal agents). You’ll learn why you must invoke silence immediately, how agents use questions during the search to build false statement cases, what the plain view doctrine means for seizures beyond the warrant scope, the 30-90 day indictment timeline, and your cooperation deadline. Irrespective of how terrified you are right now.
What to Do Right Now (While Agents Are Still in Your Home)
Federal agents are executing a search warrant at your home or business. They’re going through your computers, your documents, your bedroom. And they’re asking questions. “Whose laptop is this?” “Do you know why we’re here?” “Where’s the safe?” Here’s what you do — invoke your right to silence immediately. Say this exact phrase: “I’m invoking my right to remain silent and I want to speak with my attorney.” Repeat this to every question. Don’t answer anything. Not even questions which seem harmless. Because here’s the reality — those questions aren’t information gathering. They’re evidence creation. If you answer “That’s my laptop” and agents later found incriminating files on it, you just admitted ownership and control. If you answer “I don’t know why you’re here” but agents have evidence you knew about the investigation, that’s a false statement under 18 USC 1001 — a separate federal crime carrying 5 years. More defendants get charged with false statements made during warrant execution than the underlying crime agents are investigating. Prosecutors use 18 USC 1001 charges as leverage even when the original investigation is weak. Don’t consent to searches beyond what the warrant authorizes — if agents ask for passwords to cloud accounts, safe combinations, access to areas not listed in the warrant, you can refuse. You have a right to see the warrant. Ask for a copy. Note what agents seize. Don’t argue with them during execution. Many defendants think cooperation during the search helps their case. Wrong. Silence cannot be used against you. False statements destroy your defense.
The False Statement Trap (Why Agents Ask Questions During the Search)
You’re confused why agents are asking questions when they already have a warrant. Here’s why. They’re building an 18 USC 1001 case. Questions like “Whose computer is this?”, “Where are the financial records?”, “Do you know [co-conspirator’s name]?” aren’t designed to gather information agents don’t already have. They’re designed to create admissions, inconsistencies, and false statements. If you say “I don’t know that person” and agents have emails showing you do, that’s 18 USC 1001. If you say “Those aren’t my files” and forensic analysis shows you accessed them, that’s 18 USC 1001. Even innocent mistakes count. Even misremembering. Federal law doesn’t require you intended to lie — just that the statement was false and material to the investigation. Prosecutors love 18 USC 1001 charges due to they’re easy to prove and create massive plea leverage. “Cooperate on the underlying case or we’ll add 5 years for lying to agents.” Don’t fall into this trap. Invoke silence. Let agents search what the warrant authorizes. Don’t volunteer anything.
What Agents Can Seize (Beyond What’s Listed in the Warrant)
You’re reading the warrant. It says agents can seize “financial records related to ABC Corporation.” But agents are boxing up your prescription medication bottles, photographing documents on your desk which have nothing to do with ABC Corporation, taking your personal laptop. Can they do this? Sometimes yes. Plain view doctrine allows agents to seize ANY evidence of a crime if: (1) they’re lawfully present (executing valid warrant), (2) they observe the item in plain view, and (3) the incriminating nature is immediately apparent. Example: Agents searching for wire fraud documents see cocaine on your desk. They can seize the cocaine even though the warrant doesn’t mention narcotics. The incriminating nature of cocaine is immediately apparent. Example: Agents searching your computer files for tax fraud evidence see folder labeled “child pornography.” They can seize that folder even though warrant doesn’t authorize child pornography searches. But plain view doesn’t allow agents to open closed containers, search password-protected files, or examine items where incriminating nature isn’t obvious. Don’t volunteer statements explaining items in plain view. Don’t say “Those pills aren’t mine” or “I can explain that.” You’re creating evidence. Let your attorney challenge seizures later through suppression motions if plain view doctrine don’t apply.
Warrant Copy vs Inventory Receipt (And Why the Difference Matters)
Agents gave you a copy of the warrant when they entered. You’re reading 20 pages of legal language describing what they’re authorized to search, and seize. But the warrant copy isn’t what matters for challenging the search. The inventory receipt is. Inventory receipt lists what agents ACTUALLY seized. You get this after the search is complete — sometimes the same day, sometimes several days later. Inventory frequently includes items beyond the warrant scope due to plain view seizures. When you receive the inventory receipt, photograph it immediately. Email it to your attorney. Compare the inventory to the warrant. If agents seized items not listed in the warrant and not explainable by plain view doctrine, that’s grounds for a suppression motion or a Rule 41(g) motion for return of property. Example: Warrant authorizes seizure of “2019-2023 tax documents.” Inventory receipt shows agents took documents from 2015-2018. Unless those earlier documents were in the same file cabinet (making them impossible to separate), agents exceeded warrant scope. Your attorney can file motions to suppress or return the 2015-2018 documents. The inventory receipt is also critical if you’re trying to get property back before charges are filed.
What Happens Next (The 30-90 Day Indictment Timeline)
You’re asking: Am I going to be arrested? When? What’s the timeline? Here’s the reality. Federal search warrants signal indictment is coming soon — typically 30 to 90 days after the search. Prosecutors don’t execute search warrants at the beginning of an investigation. They execute them when they’re 80-90% ready to indict and need final pieces of evidence. Financial records. Digital devices. Documents they’ll introduce at trial. The search means they already had witness statements, transaction records, cooperator testimony — enough for probable cause. They’re collecting trial evidence now. Digital forensic examination of seized computers and phones takes 6 to 12 months due to FBI and IRS-CI labs have massive backlogs. But prosecutors don’t wait for forensic results to indict. They indict based off evidence they already have. Forensic results come later in discovery after you’re charged. If cooperation is your strategy, you have 30 to 90 days post-search to approach the AUSA before the grand jury indicts. Once indictment comes, cooperation value drops drastically. The government already built their case. What they want from cooperation is information about other defendants, ongoing crimes, asset locations — not just admission of your own conduct. Don’t wait for agents to finish examining your devices. Indictment is coming irrespective of the forensic timeline.
Your Phones and Computers (Riley Doesn’t Protect You Like You Think)
Agents seized your phone. You’re thinking: “Riley v. California says they need a warrant to search phones. My data is protected.” Wrong. Riley requires a separate warrant to search cell phones. But Riley doesn’t prevent seizure. Agents can take your phone during warrant execution, then applied for a second warrant specifically for forensic examination. Once they have physical custody of your phone, magistrate judges almost always grant the second warrant. Then comes full forensic extraction: text messages, emails, photos, app data, location history, deleted files. Everything. Riley just delays the examination — it doesn’t stop it. Same for computers. Same for tablets. Assume that everything on every device agents seized will be examined. Encrypted files? Agents will attempt to crack encryption or try and compel you to provide passwords (though Fifth Amendment protections sometimes apply). Cloud data? Agents can get separate warrant for your Google, Apple, Microsoft accounts. Riley v. California provides procedural protection (separate warrant required) but not practical protection (your data stays private). If you had incriminating communications on seized devices, those will be discovered.
Getting Your Property Back (Rule 41(g) Only Works If You’re Never Charged)
Agents seized your business computers. Your servers. Your financial records. You need them to operate. You’re thinking about filing a motion to get property returned. Fed. R. Crim. P. 41(g) allows motions for return of seized property. But here’s the catch. If you’re indicted, Rule 41(g) motions fail. Court keeps property as evidence. The motion only succeeds if you’re NEVER charged. Or if charges are dismissed. Before indictment, you might get property back or at least get copies/images so you can operate your business. File 41(g) motion immediately after search if you need business-critical property. But know this: if agents executed a search warrant, indictment is almost certainly coming. Once you’re charged, seized property stays with the government until your case concludes — which could be 2 to 3 years if the case goes to trial. Prosecutors oppose property return due to they need devices for forensic examination, as well as trial exhibits. Even if you’re acquitted, getting property back takes additional motions. The search warrant means you’re likely losing access to seized property for years. Don’t wait. Hire a federal attorney now — before the indictment — to assess your options.
Your Next Move
If federal agents executed a search warrant at your home or business, you have 30-90 days before indictment — and that’s your cooperation window if you have valuable information. If agents are still there asking questions, invoke your right to silence immediately. Don’t answer anything. Don’t volunteer explanations. Don’t consent to searches beyond the warrant. Contact Spodek Law Group 24/7. Unlike other law firms who focus on challenging warrants after the fact, we focus on protecting you during execution, and strategically position you before indictment. We’ve successfully handled hundreds of federal cases – and we understand the prosecution timeline. Call us. Right now.