What To Do First If Federal Agents Come to Your Home With a Search Warrant

The sight of federal agents at your home might come as a surprise to most people. However, they generally don’t stop by people’s homes just to talk about the weather. Therefore, it is likely that the government is interested in learning more about various activities that you have engaged in. In some cases, they will come with a warrant to search your home, seize property or both. What should you do if presented with such a warrant?

Confirm the Warrant Is Correct

You generally have the right to see the warrant that is used to search your home or other property. If it is not signed, it is typically not valid. Therefore, it may be possible to deny a federal agent the right to enter your home. In the event that he or she enters anyway, any evidence could be considered illegally obtained and thrown out at trial. It is important to note that you should always be polite and courteous when speaking with a federal agent. This can help to keep you and your family safe during an encounter.

Identifying a Valid Search Warrant

What If the Warrant Is Valid?

If the federal government has a valid search warrant, you have no choice but to comply with it. During the search, you may be confined to a certain part of your home. However, as soon as the search is over, you should make a phone call to your attorney. He or she will be able to schedule a meeting and talk about how it could impact your case. Legal counsel may also be able to find out more about the warrant by speaking with the judge or prosecutor in your case.

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Legal Scenario: What Would You Do?

Scenario

You're eating breakfast with your family on a Saturday morning when several FBI agents knock on your door, announce they have a federal search warrant, and begin entering your home. Your spouse is panicking, your children are crying, and the agents are already heading toward your home office where you keep personal financial records and your laptop.

What should I do right now while the agents are searching my home to protect my rights?

Attorney's Answer

First, remain calm and do not physically obstruct or interfere with the agents, as doing so could result in charges under 18 U.S.C. § 1519 for obstruction. Ask to see the warrant and read it carefully — under the Fourth Amendment, the warrant must specify the particular places to be searched and items to be seized, so agents cannot rummage through areas or take property not listed. Do not answer any questions or make any statements beyond confirming your identity, as anything you say can be used against you under the Fifth Amendment. Immediately call a federal criminal defense attorney and, if possible, have someone in your household quietly document which rooms the agents enter and which items they take, as this record will be critical for any future motion to suppress evidence under the exclusionary rule.

This is general information only. Contact us for advice specific to your situation.

You Aren’t Necessarily Guilty of a Crime

It is important to understand that a search warrant isn’t an implication of guilt in a given matter. It is simply a tool that law enforcement can use to obtain evidence when it has reason to believe a crime has occurred. Of course, there is a chance that nothing is found that links you to a crime. Furthermore, it is possible that the government was lied to or misled by an informant prior to asking for the warrant.

Don’t Say Anything During the Search