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Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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You’ve probably watched at least one movie where FBI agents come to a person’s home and start searching. Watching this unfold on the movie screen can be scary enough, but when it happens in real life, it can be downright frightening. Since federal agents don’t typically offer prior notice that they’re coming to serve a search warrant, you will likely be taken by surprise and thrown off guard.
While your initial reaction may be panic and fright, there are a few things you should do right away to protect yourself.
Request a Copy of the Search Warrant
federal agents may only search your proper with an official search warrant signed by a federal judge or with your consent. Your first step should be to ask the federal agents for a copy of the search warrant. If they don’t have a search warrant, you are under no obligation to give them permission to enter your property, and you should not grant them this permission without first talking to a criminal law attorney.
To obtain a search warrant, federal officials must provide information, reports, and testimony to a federal judge. If the judge believes that there is probable cause, the judge can sign a search warrant allowing federal agents to search your premises.
A copy of the search warrant will provide you with several key components of the investigation. First, it should list what specific federal agency, such as the IRS (Internal Revenue Service) or the FBI (federal Bureau of Investigation), is serving the search warrant. Secondly, the search warrant will lay out what specific items, materials, and documents federal agents can search for and what areas of your property they can search.
Agents have the authority to remove any items listed in the search warrant that they find on your property. Agents also have the power to take any items, such as unregistered guns, that show signs of a possible crime, even if these items are not in the search warrant.
Contact a Criminal Law Attorney
Once you have a copy of the search warrant, your next step is to contact a criminal law attorney that has experience handling federal cases. It is important to contact an attorney as soon as possible. Your attorney will want to see the official search warrant, so it’s important to hold onto it and keep it in a secure location. If you cannot immediately speak to your attorney, it is vital that you gather as much information as possible about the search itself.
For example, you should request the names or business cards for each federal agent participating in the search. You also want to track where agents search and what items they remove from your home. Because these situations can be very stressful and chaotic, it may not be easy to keep track of everything going on during the search. That’s ok. Just do your best to jot down what you do remember after the agents leave. You can then provide this document to your attorney.
federal investigations can take months or even years to complete, so just because federal agents didn’t serve you with an arrest warrant doesn’t mean that you don’t need legal representation. Your best option is to contact an attorney as soon as possible. The earlier you bring attorneys into the process, the better able they will be to represent you fully.
Don’t Answer Any Questions
A search warrant does not give federal agents the right to questions you without a lawyer present, but that doesn’t mean the federal agents won’t try. They are free to ask you any questions they want. In some cases, agents may use this time to try to get you to provide information that may incriminate you later. You will protect yourself by remaining silent during the search until you have had time to consult with your attorney. Even if the federal agents serve an arrest warrant with the search warrant, it is important to evoke your fifth amendment right (Miranda Rights)and remain silent until your attorney can adequately represent you.
If federal agents have arrived at your front door with a search warrant, it’s essential to act fast. Start by asking for a copy of the search warrant and then contact an experienced criminal defense attorney as soon as possible
A search warrant grants permission to federal agents to search a premises for evidence of a crime. Before the judge will issue a search warrant, federal agents must provide probable cause that the evidence they are seeking will be found at a particular residence.
The Fourth Amendment of The Constitution.
The Fourth Amendment of The Constitution states that the government will not have the right to search your person or your property. In order to investigate a crime, law enforcement officials are required to obtain a search warrant, but they must be able to show that there is probable cause to believe that evidence of the crime will be found at your residence. Law enforcement officials present an affidavit to the judge that lists the evidence officers gathered that the evidence of a crime exists at the residence. Then, the judge usually issues a search warrant for the property.
When Can Federal Agents Execute a Search Warrant?
In most cases, federal agents will execute a search warrant in the daytime. Agents must arrive at a residence between 6:00 a.m. and 10:00 p.m. As long as they arrive in between those hours, they will be free to search the areas that the evidence is likely to be in a continuous manner. Therefore, if they arrive at a residence at 8:30 p.m., they may search until 3:30 a.m. if their search requires this amount of time.
Federal agents may not burst into your home when they first arrive at your door. They are required to knock on your door and announce themselves first. They must identify themselves, inform you that they are authorized to be there and then tell you why they are there. To do this, they may use a bullhorn, or they may even call you on the phone. Then, they are allowed to demand that you allow them inside.
If you do not allow federal agents to enter your home after they follow the protocol listed above, they are entitled to force their way into your home. This doesn’t necessarily mean that they will break the door down. Forcing entry can also mean opening the door and walking in, but they will do this if you fail to come to the door and open it yourself.
“Denial of Entry.”
The time that you do not come to the door and open it for federal officials will be considered a “denial of entry.” If at that time you decide to flee, the agents may hear this and immediately force entry. If you take the time to destroy evidence, the agents will consider this to be a denial of entry, and they will enter the premises right away. You must also not announce to the agents that you are refusing to come out because this is a definite denial of entry, and they will promptly enter your residence.
After Federal Agents Enter Your Residence.
After federal agents enter your residence, they will be able to go through your home and find out who is in the house. The Summers rule gives them permission to detain everyone found to be in the residence while federal agents search it. They are allowed to do this because the law states that anyone in a house that is subject to a search for evidence of a crime is under reasonable suspicion of being involved in that crime. If they have the search warrant at that time, they will show it to you. If not, they will show it to you when it arrives later in the day.
After federal agents enter your residence, they are only allowed to search the premises for evidence of a crime. They are not allowed to search the people they find in the house. Federal agents would only be able to search you if you have been named in the search warrant. In the event that federal agents find evidence of a crime, they will be able to arrest you. In that case, they will be able to search you at that time.
Before federal agents can leave your home, they must secure your property if they destroyed it when they forced their way into the house. They will also leave you with a copy of the search warrant. If they take any of your property, they must leave you an inventory of everything that they seized.
Contact a criminal defense law firm if you are subject to a federal search warrant.
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