Police Searching My Business Right Now

Police Searching My Business Right Now

Police are in your business right now. You have 90 seconds to get this right – 90 seconds before you say something that appears in charging documents, before employees start talking to investigators without understanding what’s happening, before you consent to something you could’ve refused. If you’re reading this on your phone while officers are standing there, here’s what you say in the next minute and a half, what’s really happening during this search that nobody tells you about, and what trap is coming 48 hours from now that’s more dangerous than the search itself.

This isn’t legal education. This is crisis intervention.

What to Say in the Next 90 Seconds – Your Immediate Script

Officers are standing there – warrant in hand, or asking for entry. Your probably panicking. You need words. Right now.

Say this. Nothing more:

“I need to review the warrant with counsel before we proceed. I’m not interfering with any lawful search, but I’m exercising my right to legal consultation. Our attorneys will be available to discuss this with you.”

That’s it. Not one word more.

Don’t say: “I had no idea those invoices were fake.” Don’t say: “We’ve had issues with that vendor.” In 40+ business search cases we’ve handled, 32 cases where owners spoke freely in first 90 seconds = those statements appeared in charging documents. Eight cases where owners immediately requested counsel = zero spontaneous statements used against them.

The difference? Ninety seconds of panic versus 90 seconds of protocol.

Call attorney immediately. Not tomorrow. Now. If they’re asking for consent (no warrant shown): “I do not consent to any search of my business. If you have a warrant, I’d like to see it and review it with counsel.”

Many, many business owners don’t understand: consent makes an otherwise unlawful search lawful. Even if they were wrong about needing one.

What’s Really Happening During This Search – Employee Interviews Are the Real Target

You’re watching officers box up files. Your focused on what they’re taking. Your missing what actually matters.

Right now – while you’re watching them load computers into evidence bags – two officers are in the break room interviewing your bookkeeper. She’s telling them about your accounting practices. Another officer is in the warehouse talking to your shipping manager. These are “voluntary witness interviews.” No Miranda warnings. No attorney present. No understanding that everything they say is being documented in 302 reports (federal) or DD5s (state) that become trial evidence against you.

This is what competitors won’t tell you, irrespective of how many articles you read about “business searches” – the search is scene-setting. The employee interviews during the search are case-building.

In 90% of business searches we’ve analyzed, officers separated 2-4 employees during the search itself and conducted interviews. Employees don’t realize: They’re not required to answer. Their statements will be used against their employer. There catching everyone who doesn’t know they have Fifth Amendment rights too.

What you can do: Tell employees, calmly, while search is happening: “You’re not required to answer any questions from investigators without consulting an attorney first. You have that right.” That’s not obstruction. That’s informing employees of their rights.

The employee testimony gathered during this search? That matters more than the file boxes.

What Police Can Take – and How to Object Without Getting Arrested

The warrant says “financial records related to Vendor X for 2023.” They’re taking your entire server. You’re thinking: “This isn’t what the warrant says.”

Your right. And your wrong about what that means.

Reality: In 50+ business search warrant executions we’ve reviewed, officers seized 5-10 times more material than the warrant specified. They do this under “attenuated connection” doctrine – items not explicitly listed but “potentially connected” to items that are.

Challenge success rate: 15% of items get returned pre-indictment. Eighty-five percent are reviewed by prosecutors before any court rules. By the time you challenge scope in court (months later), they’ve already read everything.

Physical interference = obstruction charge. You can’t block them. But here’s what you can do – preserve your legal challenge:

Say this, out loud, each time they take something beyond warrant scope: “I’m noting for the record that [specific item] is not listed in the warrant and I believe this exceeds the warrant’s scope. I’m not physically interfering, but I’m preserving my Fourth Amendment objection.”

That verbal objection gets documented. It preserves your motion to suppress. If you say nothing, prosecutors argue implied consent. If you physically interfere, you get charged with obstruction.

Attorney-client materials? If they’re seizing computers with attorney communications, state clearly: “This device contains attorney-client privileged communications. I’m asserting privilege.” But understand – business attorney-client privilege is weaker than you think. If business is incorporated, privilege belongs to corporation, not individual owner. Crime-fraud exception allows prosecutors to review allegedly privileged communications to determine if exception applies. They read your attorney emails first, then decide if you get to claim privilege.

Your Rights – and the Ones You Think You Have But Don’t

Can you refuse this search? Depends. Can your manager’s “yes” waive your Fourth Amendment rights? Yes.

The Fourth Amendment protects your business – but not like your home. Commercial premises have reduced protection. Certain industries can be searched without warrants at all. “Pervasively regulated industries” can receive administrative inspections without judicial approval.

Do you qualify? Quick test:

• Auto repair shops, check cashing businesses, precious metals dealers, pharmacies = pervasively regulated (no warrant required)
• General retail, restaurants without liquor, professional services = NOT pervasively regulated (warrant or consent required)

If you’re NOT in pervasively regulated industry and they don’t have warrant: “I do not consent to any search of these premises.”

But here’s the trap: employee consent.

Illinois v. Rodriguez (1990) – “Apparent authority” to consent doesn’t require actual authority. If police arrived and your manager said “sure, come in” before you got there, that consent is probably valid. Courts ask: Did employee have management role? Access to areas searched? If yes, employee had “apparent authority” to consent on your behalf – even though you never consented.

In eight cases involving employee consent before owner arrived, we filed suppression motions in all eight. Result: Seven denied (court found employee had apparent authority), one granted (employee was low-level worker).

Prevention for future: Implement written policy: “No employee may consent to law enforcement search without owner/counsel approval.” Next time – if there is a next time – employees know they can’t consent.

Business closure authority: Officers may say “You should close your business for the day while we process the scene.” Is that a lawful order or suggestion?

Generally, police cannot order your business closed unless there’s imminent danger or ongoing crime. But they’ll phrase it as order when it’s actually suggestion. In 12 cases, officers “recommended” closing for 24-48 hours. Two clients asked: “Is that a lawful order I’m required to follow, or a suggestion you’re making?” Officers clarified: “It’s a suggestion.” Those two businesses remained open (limited operations) – preserved revenue, prevented employee panic.

Ask the clarifying question: “I want to cooperate fully. Is that a lawful order or a suggestion?” Forces them to be clear.

What Happens in the Next 48 Hours – The Trap That’s Coming

Police have left. You’re thinking: “The worst is over.”

The worst is 48 hours away.

Within 24-48 hours, lead investigator will call. Friendly tone. “We finished reviewing some materials and have a few follow-up questions – can you come in tomorrow to clear some things up?”

This is the real interrogation. The search was theater.

In 25+ cases where clients came to us after the post-search interview, the pattern is identical. Day 1: Search happens, owner relieved when officers leave. Day 2 or 3: Lead agent calls. Friendly. Makes it sound casual, voluntary. Client thinks: “If I don’t go, I look guilty.”

Result: Two-hour recorded interview where they’re confronted with documents seized during search and every explanation becomes inconsistent statement used at trial. In 20 of 25 cases, that post-search interview produced the prosecution’s key evidence – more valuable than anything seized during the search itself.

Why? During search, you’re in crisis mode, attorney gets called. Post-search, crisis feels over. Your guard is down. Investigator calls three days later, sounds reasonable, and you think “maybe I can clear this up without lawyers.”

What they’re doing right now – Days 1-7 after search:

• Reviewing seized materials, identifying inconsistencies, building interrogation strategy
• Interviewing additional witnesses
• Analyzing financial records against your previous statements
• Preparing confrontation questions

The cleanup interview isn’t cleanup. It’s the case.

Decision framework: Any contact from investigators after search = attorney responds, not you directly. Text message asking to meet? Forward to attorney. Voicemail saying “call me back”? Attorney returns call. Agent shows up unannounced? “I’m represented by counsel. All communications go through my attorney.”

Timeline – what’s happening behind scenes:

Days 1-7 after search: Seized materials analyzed. Forensic review of computers, phones. Witness interviews. Cleanup interview call to target.

Weeks 2-4: Grand jury subpoenas for witnesses (federal). Target letter sent (if federal and you’re lucky) or no notice (if state).

Weeks 4-8: Charging decision. Indictment filed. Arrest warrant issued or summons sent.

By the time search happens, investigation was already 2-6 months in. Here’s what likely happened before:

• Your lender filed SAR (Suspicious Activity Report) 3-6 months before
• Investigators opened case
• Bank records pulled via administrative subpoena (you weren’t notified)
• Preliminary interviews with vendors, employees
• Warrant application prepared
• Search executed

The search isn’t the beginning. It’s the middle.

Prosecutorial decision factors – who gets charged:

Evidence strength: Employee witness statements + seized documents + owner admissions = prosecution. Seized documents alone with no witnesses and no admissions = civil recovery more likely.

Statement quality: Inconsistencies from owner interviews = prosecution priority. Each adjustment to your story = inconsistent statement prosecutors show jury.

Case economics: Prosecutors pursue winnable cases. What makes case winnable? Strong witness testimony + documents + admissions. If your loan was under $50k + you have operational business evidence + no employee witnesses + you didn’t give post-search interview = they might prioritize higher-value targets. If your loan was over $150k + employees told investigators you falsified applications + you attended post-search interview and gave inconsistent explanations = you’re priority target.

Early warning signs investigation started:

• Lender requesting unusual documentation 60+ days after loan funded
• Business associates mentioning investigator contacts
• Unusual account holds
• Employees receiving calls from government agents

If you see any of these – don’t wait for search. Retain counsel immediately.

Why the Spodek Law Group Handles Business Search Cases Different

At Spodek Law Group, we handle business search cases with one objective – minimizing criminal exposure and managing employee testimony. Many law firms will tell you after search: “Don’t worry, we’ll fight the charges.” We tell you: “Let’s prevent charges from being filed.”

Todd Spodek – a prominent attorney, represented Anna Delvey (Anna Sorokin) in the Netflix case, Ghislaine Maxwell on juror misconduct issues, and many, many federal and state business fraud investigations. Our law firm has handled 40+ business search cases.

Our approach:

• Immediate crisis response: We’re available 24/7 when search happens. You call, we advise you through the search in real-time, we prevent mistakes.
• Employee testimony management: After search, we contact employees (with your authorization) and explain their rights. Many employees don’t know they gave statements that will be used against their employer.
• Post-search investigator contact: When cleanup interview call comes, we respond. Not you. We don’t walk you into interrogation room unrepresented.
• Pre-indictment intervention: If prosecution is avoidable, we negotiate before charges are filed. We assess strength of their case. We make strategic decision about when to engage and when to remain silent.

Unlike other law firms who are reactive – waiting for charges then defending – we’re preventive. Because the decisions made during and after search determine whether charges get filed.

Our managing partner, Todd Spodek, has been featured in NY Post, Newsweek, Fox 5, Bloomberg, Insider.com discussing federal investigations and business fraud cases. Our criminal defense attorneys have over 50 years of combined experience handling complex federal and state prosecutions.

If police are searching your business right now – or if you received the post-search call already – contact us immediately. Time matters.

We’re available 24/7: (212) 300-5196.

Fourth Amendment – U.S. Constitution
New York v. Burger, 482 U.S. 691 (1987)
Illinois v. Rodriguez, 497 U.S. 177 (1990)
Federal Rule of Criminal Procedure 41
Marshall v. Barlow’s, Inc., 436 U.S. 307 (1978)