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Criminal Defense

Search and Seizure Warrant

Search and seizure warrants are usually carried out early in the morning or at the start of a business day, with little warning. What happens in the first hour can affect the case more than anything said later.

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01 GUIDE

Search and Seizure Warrant: what usually happens

What the warrant authorizes

A search and seizure warrant is a court order allowing officers or agents to search a described place for described items and to take them. Federal warrants carry that name, and state courts issue search warrants with a similar effect. The search is limited by the warrant's own description, although agents may also take items in plain view that they have probable cause to believe are evidence of a crime. A warrant to search is not the same as an arrest warrant, and it does not by itself mean anyone will be charged. You should receive a copy of the warrant, and agents generally leave an inventory of what was taken.

While the search is under way

Do not physically interfere, argue, or try to hide or destroy anything, because that can lead to separate charges. You are generally not required to answer questions about the investigation, and you can say that you want to speak with a lawyer before answering. Do not consent to a search of areas or devices that the warrant does not cover, but do not resist if agents proceed anyway. At a business, employees can be told calmly that they may choose whether to speak with agents and that the company is not directing them one way or the other. If privileged legal files are on site, say so, and ask your lawyer to raise the issue with the agents in charge, since a separate review process may be needed.

After the agents leave

Collect the warrant copy and inventory and give them to your lawyer, along with the names of anyone who was present. A warrant can later be challenged in a motion to suppress, for example on whether the application showed probable cause or whether the search went beyond what the warrant allowed. Property that was seized can sometimes be returned through a court request if it is not needed as evidence, which matters when a business needs its records or computers to keep operating. We also look at whether the search signals a broader investigation, and whether anyone should contact prosecutors to understand a person's status in it.

02 ATTORNEYS

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Attorney Advertising. This page is general information about search and seizure warrant and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.