Search Warrants in Federal Criminal Cases: An Attorney’s Guide

Search Warrants in Federal Criminal Cases: An Attorney’s Guide

Getting a search warrant can be tricky business for us attorneys. This guide aims to break it down into simple steps so you know what to expect when dealing with search warrants in federal criminal cases. I’ll walk through the process, requirements, and some key things to watch out for. My goal is to make this as helpful as possible for attorneys new to search warrants – so ask questions in the comments if you need any clarification!

What is a Search Warrant?

A search warrant is a written order issued by a judge that allows law enforcement to search a specific location and seize evidence relevant to a criminal investigation. The warrant gives police the legal authority to enter private property without the owner’s consent to look for that evidence.

Search warrants are an exception to the 4th Amendment’s protection against unreasonable search and seizure. The 4th Amendment requires police to show probable cause to get a warrant – so they can’t just search wherever they want, whenever they want.

Requirements for a Valid Federal Search Warrant

There are a few key requirements that must be met for a federal search warrant to be valid:

• Probable cause – Evidence showing a reasonable belief that evidence of a crime will be found in the place to be searched.
• Supported by oath or affirmation – Typically a sworn affidavit from the investigating agent laying out the probable cause.
• Particularly describe the place to be searched – Can’t be overbroad or vague.
• Particularly describe the items to be seized – Police can only seize evidence related to the suspected crime.

Let’s break these down a bit more:

Probable Cause

This is the key requirement for any search warrant. The 4th Amendment specifically states warrants must be supported by probable cause.

Probable cause means there is a reasonable belief, based on the totality of circumstances, that evidence of a crime will be found in the place to be searched. This is a higher standard than reasonable suspicion, but lower than beyond a reasonable doubt.

The affidavit will lay out the facts establishing probable cause. This includes things like:

• Information from informants
• Surveillance observations
• Suspicious financial transactions
• Suspect statements
• Prior seizures of evidence

The affidavit should tell a story painting a picture of criminal activity afoot and why evidence will likely be found in the location to be searched.

Supported by Oath or Affirmation

The 4th Amendment states search warrants must be “supported by oath or affirmation.” This is usually satisfied by a sworn affidavit from the law enforcement agent seeking the warrant.

The agent will lay out the facts establishing probable cause in the affidavit, and swear that the information is true to the best of their knowledge. Lying in a warrant affidavit can lead to criminal charges against the officer.

Particularly Describe the Place to be Searched

The warrant must identify the specific location to be searched with particularity. This prevents general or overbroad warrants that would give police too much discretion.

The location should be described in a way that the executing officers can identify it with reasonable effort. Things like:

• Street address
• Type of building
• Unit or apartment number
• Owner/occupant name
• Photos or diagrams

If any part of the location could be considered curtilage – the area immediately surrounding the home – this should also be described in the warrant.

Particularly Describe Items to be Seized

The warrant must also identify the specific items to be seized with particularity. Again, this prevents overbroad warrants.

The items should be described as specifically as possible based on the available information. Things like:

• Records of specific financial transactions
• Clothing matching a specific description
• Security footage from specific date ranges
• Specific electronic devices

If officers want to seize a broad category of items, like “any items evidencing violations of 18 U.S.C. §XXXX”, they may need additional justification for the breadth.

Who Can Issue a Federal Search Warrant?

Only a judge or magistrate judge can issue a federal search warrant under Rule 41 of the Federal Rules of Criminal Procedure. Common examples include:

• U.S. District Court Judges
• U.S. Magistrate Judges
• Judges of State Courts of Record
• U.S. Court Commissioners

The warrant application is usually submitted by the investigating law enforcement officer or prosecutor. But the judge or magistrate is who actually issues the warrant if they find probable cause.

How is a Search Warrant Executed?

Once issued, the search warrant is good for 14 days before expiring. The officers executing the warrant should have a copy of the warrant and affidavit with them.

Officers must execute the warrant reasonably under the 4th Amendment. This usually means:

• Knocking and announcing their presence
• Executing the search during daytime hours (6am-10pm)
• Avoiding excessive force or restraint
• Minimizing damage to property

There are exceptions – officers don’t have to knock and announce if it would compromise their safety, or if they have reason to believe evidence could be destroyed.

Officers are limited to searching the areas and seizing the items listed in the warrant. Anything seized outside the scope could be suppressed.

After executing the warrant, the officer must return to the judge with an inventory of items seized. Evidence is maintained under chain of custody procedures.

Challenging a Federal Search Warrant

If you’re representing a client facing charges based on a search warrant, reviewing the warrant for defects is crucial. Common grounds for challenging a federal search warrant include:

• Lack of probable cause
• Oath or affirmation issues
• Overly broad/vague description of place to be searched
• Overly broad/vague description of items to be seized
• Technical errors (like wrong date)
• Unreasonable execution

If the warrant has any major defects, you can bring a motion to suppress the evidence seized. If granted, this prevents that evidence from being used against your client.

Even if the warrant is valid, you may still be able to suppress any evidence seized outside its scope. Be sure to scrutinize the inventory list compared to the warrant.

A Few Final Tips

Here are some final tips when dealing with search warrants in federal criminal cases:

• Get a copy of the search warrant and affidavit – review for defects
• Look at the description of place to be searched – is it overbroad?
• Look at the description of items to be seized – is it overbroad?
• Compare inventory list to warrant – anything seized outside scope?
• Was the execution unreasonable based on the circumstances?
• Don’t wait to bring a suppression motion – do it early

I hope this guide gives you a good overview of federal search warrant requirements, execution, and how to challenge defective warrants. It’s tricky, but important stuff for criminal defense attorneys dealing with federal cases. Let me know if you have any other questions!

References

[1] Rule 41. Search and Seizure | Federal Rules of Criminal Procedure

[2] 9-13.000 – Obtaining Evidence | JM – Department of Justice

[3] Execution of a Search Warrant (I) (MP3) | Federal Law Enforcement Training Centers