Federal Search Warrant

Why Did Federal Agents Show Up With a Federal Search Warrant?
If federal agents show up at your house to carry out a search with a Federal Search Warrant, that normally means that you are the target of an investigation for some reason. Before they arrived at your home, attorneys for the government presented evidence of a crime to a judge. In doing so, they were able to convince him or her that they had a good reason to be issued a search warrant so they could come and search your home or office.

If the government is trying to uncover evidence that would convict someone other than you, they would more than likely utilize a subpoena instead of a warrant.

What Becomes of My Personal Property That Was Seized During a Federal Search?
In the course of a search, federal agents can seize numerous articles of your personal property if pre-arranged with a judge. While the agents are on your premises, you should take note of everything they take with them. This information could be rather helpful to your attorney later down the road. If federal agents have indeed seized any of your personal property, you may not have it returned until the criminal case is concluded.

If they walked off with a computer, a smartphone, or a hard drive, they might simply make a copy of it and return your computer or device at the next possible opportunity. Your attorney might be able to speak with them to ask to have your property returned to you early, although this may not be a possibility in all situations.

Best Practices During a Federal Agent Search: Take Thorough Notes
If federal agents showed up at your home or office with a search warrant, conducted a search, and asked you any questions, it’s critical that you contact an attorney as quickly as you can. Giving any statements to federal agents may hinder your chances of getting a positive outcome in your case, so it is going to be very important for you to to remember everything you said during the interrogation so that your attorney has a clear idea of what you’re up against.

In fact, the first thing you should do after you have spoken with an agent is to get paper and pen and write down everything you said in detail. Make sure to also capture as much information about what took place during the search as you can. Write down how many agents came to your house, how long they were there, what they took away with them, and any other details you can recall. All of this information will be invaluable to your attorney as they carefully put together your defense.

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Legal Scenario: What Would You Do?

Scenario

You wake up at 6 AM to loud knocking and find federal agents at your door holding a search warrant. They begin seizing your computers, financial records, and personal files while you stand in your living room unsure of what to do or say.

Can I refuse to let them in, and what are my rights during the execution of a federal search warrant?

Attorney's Answer

Under the Fourth Amendment, if agents have a valid federal search warrant signed by a magistrate judge, you cannot legally prevent them from entering and searching the areas specified in the warrant. However, you have the right to remain silent under the Fifth Amendment and should not answer questions or volunteer information without your attorney present. You should carefully review the warrant to confirm it lists the correct address and describes the specific items they are authorized to seize — agents cannot exceed the scope outlined in the warrant under Groh v. Ramirez, 540 U.S. 551 (2004). Contact a federal defense attorney immediately, as anything seized improperly or outside the warrant's scope may be subject to suppression under the exclusionary rule established in Mapp v. Ohio.

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

Using Your Fifth Amendment Right to Remain Silent
In the event that you did not yet speak with any federal agents during the search, take this opportunity to contact a defense lawyer before you talk to them. Your attorney will give you a thorough explanation of your legal rights so that you’re aware of what options you have. Whatever the scenario, we strongly recommend using your Fifth Amendment right to remain silent. Don’t say anything to them until you have a lawyer present.