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After a Search Warrant: The First Thing You Should Do
The American courts and all those who work for them have broad powers. Under constitutional law, law officers of the court have the right to investigate crimes. As part of this investigative process, officers of the court may want to search someone’s home or investigate items such as records at their place of business. There are several ways that officials can choose to conduct such an investigation. One such method is via what is known as a search warrant. The search warrant is a highly specific legal document. It empowers officials to come into an individual’s home and other private spaces in order to look for evidence that a crime has been committed. If you’re the target of such a search, you might be wondering what to do next.
The first thing you must do is call a lawyers. You have certain rights under law even if you are being searched. These rights must be observed during the process of administering the warrant and carrying it out. A lawyer can help you sort out how to respond while fully protecting your rights. At the same time, it can be hard to get hold of a lawyer immediately. If you have been served with a warrant in the middle of the night, you might have to wait until the next morning to get access to legal counsel. In the meantime, there are certain steps that you can take right now. The reach of the law is scary but it’s not the end of the world. Keep in mind that anything you say and do can be used against you later as as any case continues.
If you ask any questions, it’s best to try and keep to the facts. Do not give away your thoughts or speak further about any issues that might be related to the case. You should make an effort to get access to their business card and find out which agency is doing the investigation. You are entitled to know who is behind the search warrant and what kind of legal issues that you might be facing right now. However, in general, you want to keep all conversation to a minimum. Do not speak unless you have to speak right now. Watch the agent or agents carefully as they work but say as little as you can once you find out why they are there.
It Can Take Time
It’s also a good idea to keep in mind that a search does not necessarily mean that you’ll be charged in a court of law immediately. A case can time to unfold. Government officials may be collecting evidence but this does not mean that they have a case against you. A case can take time to build. At the same time, there are statutes of limitations that will apply in many cases. For example, if you are being accused of a crime such as art theft, the federal government must act within a certain time frame to make a case or they are not allowed to do so under law.
In the meantime, the government may have taken some of your property. This property can be kept by the government for weeks and even years as they assemble the case. In general, you can expect items like computers back once the feds have made relevant copies of the items they want to use in any case. In other instances, you might have to wait a long time just to have them returned. The same may also be true of your important legal documents. Government officials can take your passport if they think you’re likely to flee to another country. If they do this, you might have to wait a long time to get the passport back and then promise to agree to stay in the jurisdiction until the investigation is done.
Write it Down
As the process continues and after it’s over, this is the time to write down what happened. You should include as many details as you can. This includes the number of agents at your door, when they arrived, what was said by each agent and all information they gave you during the search. It’s also time to write down any names you were given as well as any business cards that were handed out during the search. Your goal is capture what happened accurately. It’s also to make sure that you have as many details as you can on hand. Keep this in a single file. Label the file Attorney Client Privileged. This makes it clear that the legal authorities do not have the right to read it without consulting with your lawyer. Take that deep breath you need and start getting an organized response as soon as you can.
The Fourth Amendment to the U.S. Constitution gives people the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…” This means that police cannot simply raid your home-they must have a search warrant. What you may not realize is that you have rights even after a search warrant has been executed. If you are served with a search warrant, keep these things in mind.
#1. Ask to see the search warrant
The concept of privacy as spelled out in the Fourth Amendment requires police to search only as much as absolutely necessary to obtain evidence. Accordingly, search warrants are very precise in nature. They are limited to a specific location such as “the house”, and spell out exactly what type of contraband police are able to search for.
By reading the search warrant, you will already know what areas police are limited to. That way, you can avoid giving verbal permission for them to search in any other places. Be advised that the type of contraband they are looking for can also affect where they search. For example, if police are looking for a stolen vehicle they may not search a closet since an automobile would not fit into that space.
Keep in mind that there are certain instances in which an officer can legally go beyond the boundaries spelled out in the search warrant. For example, if an item is in plain view it can be seized even if it is not specifically listed on the search warrant. Under exigent circumstances, police may seize items if they reasonably believe they might be destroyed.
#2. Remain Calm
Having a search warrant served on you is typically a very nerve-racking experience. You might even be handcuffed and separated from family members during the process. Although you are stressed, it is very important to remain calm. Avoid making any statements that could be construed as an admission of guilt. And do not under any circumstances threaten police officers-not even if you see them mishandling some of your most prized possessions.
#3. Record the process
Criminal charges are often dropped when a judge determines that officers illegally obtained evidence. The “fruits of the poisonous tree doctrine” claims that any evidence that derives from an illegal source (the tree) is also poisonous and therefore cannot be used. What is the best way to prove that evidence has been tainted? To record the process.
Recording the search will likely be impossible if you are handcuffed; however, you might be able to take a few pictures or even scribble some notes. If you are not able to record the search, take photographs as soon as police leave and then document your account of the events in writing while it is still fresh in your mind.
#4. Don’t admit to anything
Officers may try to question you while the search is ongoing. They might also come to you claiming to have found certain evidence and asking whether it belongs to another family member. You might even be threatened with an arrest if you fail to cooperate.
It’s important to note that officers may or may not actually have the evidence they purport. As such, you will need to use your best judgment when deciding whether or not to squeal on another person or answer questions about their activities.
#5. Contact an attorney
When a search warrant yields contraband, this usually leads to an arrest. Sometimes that arrest comes on the spot, while in other cases it may happen days or weeks later. And just because law enforcement did not find illegal items does not mean they are finished with you. It likely means they will just regroup and then request another search warrant later.
The best way to protect yourself in either instance is to contact an attorney. A criminal defense lawyer can help you defend your rights and ensure you remain innocent until proven guilty.