What Is the Significance of a Search Warrant??

The definition for a search warrant is straightforward: it is a legal document, signed by a judge, that authorizes law enforcement to search a specific location for evidence of a crime. While arrest warrants and search warrants are both issued by judges, they serve different purposes, and, to put it simply, arrest warrants authorize law enforcement officers to take a person into custody, whereas search warrants authorize them to conduct a search. The former typically results in an immediate arrest, while the latter typically involves the retrieval and review of evidence, though the two often occur concurrently during a targeted investigation.

A federal search warrant authorizes the search and seizure of evidence in suspected federal offenses; simply because a federal agency is involved in a search, however, this does not necessarily mean that the search is being conducted in the name of a federal offense. The federal government has extremely broad search and seizure authority, and there are many circumstances in which this authority does not, even in theory, authorize law enforcement to charge a criminal defendant.

The Fourth Amendment protects all people from unreasonable searches and seizures by government officials. Under the Fourth Amendment, federal law enforcement cannot search or seize property without a warrant in most circumstances. A federal search warrant will generally be issued by a federal magistrate judge or district judge-and, in specified circumstances, by a state court judge of record-if law enforcement can establish probable cause to believe that the search will yield evidence of a federal crime. “Probable cause” is not the same as “proof beyond a reasonable doubt.” Rather, probable cause is the “fair probability” that evidence will be found in the location designated by the warrant. This is a much lower standard than that required to convict a criminal defendant; as a result, a search warrant can be issued in many cases where it will never be proven beyond a reasonable doubt that any crime has been committed.

When the federal government executes a search warrant, the fact that an arrest warrant was not also issued does not automatically mean that an arrest will not occur, or that criminal charges will not be filed in the future. Searching for evidence is often the first step in building a case, and while no one has to be arrested at the time the warrant is being executed, the evidence gathered during the search is often used to obtain an arrest warrant later. However, search warrants are not automatically followed by criminal charges. It is common for no one to be arrested after a search, and in some cases, it is the case that the search warrant was executed on the basis of evidence that could not be used to prove a crime in court.

Which people, places, and data can agents reach during execution?

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Which People, Places, and Data Can Agents Reach During Execution?

If you are the occupant of the location being searched (or if you live with someone who is), generally speaking, a valid search warrant prevents you from physically blocking the search. This means you do not have a legal right to block the entrance; in fact, interfering with a valid search can lead to charges like obstruction of justice or even resistance to arrest. However, you do have the right to ask for copies of the search warrant and to ask why your home or office is being searched. Also, it is important to remember that while agents may restrict your movement and even have you stay in one room during execution, this is not the same as arresting you. Unless the agent specifically tells you you’re being arrested, you should assume that you have not been arrested and that you are free to ask questions.

A search warrant cannot grant agents a “blank check” to search any area they want. The scope of the search must be limited to areas of the home or business that the agents can reasonably believe contain evidence of the offense(s) listed in the warrant. For example, if the items listed are a weapon, drugs, or records of a financial transaction, the agents cannot search small containers or places where such evidence could not reasonably fit. When conducting a valid search, agents may seize items within the warrant’s scope and other items when a recognized exception, such as the plain-view doctrine, applies.

Under the plain-view doctrine, agents may seize property not identified in the warrant, but only if it falls into “plain view.” The plain-view doctrine requires agents to be lawfully in a position to view the property, to have probable cause to believe that its incriminating character is immediately apparent, and to have a lawful right of access to the property. When meeting these three criteria, the agents can seize property even if it does not appear to be within the warrant’s scope.

If a search warrant includes a request for a device, such as a cell phone or computer, agents can seize the device and then, even off the site of the search warrant’s execution, carry out a forensic examination of the device. During this forensic examination, agents may search for evidence within the scope of the warrant. They can use the device to establish probable cause for further searches as well.

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How Does Federal Approval Control a Warrant’s Timing, Notice, and Return?

Federal Rule of Criminal Procedure 41 (F.R. Crim. P. 41) is the overarching procedural rule that governs most aspects of federal search warrant issuance, execution, and return. Under Rule 41, federal prosecutors and law enforcement agents must go through a specific process to obtain a valid search warrant, and the rule imposes various constraints on when the search can be conducted, where the search can take place, and how the federal government must return the warrant.

When seeking to obtain a warrant under Rule 41, law enforcement agents must first establish the factual basis for their search, which must be supported by an oath or affirmation, and then present this application to a neutral and detached federal judge or magistrate. If the agent has enough to meet the requirement, the judge or magistrate can then approve the issuance of the warrant based on its probable cause. Along with this, the judge or magistrate must also ensure that the application satisfies the “particularity” requirement, which means it must specifically identify the place to be searched and the property or evidence that federal law enforcement intends to seize.

Once issued, a federal search warrant must generally be executed within a specified period no longer than fourteen days, except that a tracking-device warrant may authorize use for up to forty-five days, subject to the rule’s extension provisions. Also, while federal agents can typically only execute search warrants during the daytime hours (unless the judge has otherwise expressly authorized the execution of the warrant during the night), these warrants may sometimes be executed multiple times if it helps to gather additional or more relevant evidence. A search warrant ordinarily must be executed during daytime-defined as 6:00 a.m. to 10:00 p.m.-unless the judge expressly authorizes execution at another time for good cause. A judge may authorize execution at another time for good cause, including when circumstances make execution outside daytime hours appropriate.

What Can a Person Challenge or Recover After a Federal Search Warrant?

If you are the target of a federal search warrant, you may be able to recover property, challenge the warrant, or exclude evidence obtained during the search in criminal court. There are several available legal avenues, and determining which legal argument(s) to pursue requires an intimate understanding of the federal criminal law and the constitutional issues involved.

Seeking the Return of Seized Property

Under Federal Rule of Criminal Procedure 41(g), a person whose property was seized during a federal search warrants execution can seek the return of that property from the federal government. Rule 41(g) permits a person aggrieved by an unlawful search and seizure of property or by the deprivation of property to move for the property’s return, subject to the court’s authority to impose reasonable conditions. Additionally, there are various grounds upon which a person can challenge the execution of a search warrant in federal court.

Motion to Suppress Evidence

In federal criminal court, the primary way a criminal defendant can challenge a search warrant is by filing a “motion to suppress.” This is a motion to the federal judge presiding over the case to either exclude all evidence from the government’s case or to exclude specific pieces of evidence obtained in connection with the search. The most common grounds for filing a motion to suppress include:

• Franks Litigation, Franks litigation is a type of pre-trial challenge targeting the federal government’s reliance on a search warrant affidavit that contains intentional or reckless material falsehoods.
• Use of Stale Information, Federal agents may rely on evidence and information gathered in the past when obtaining a search warrant. However, federal agents’ use of stale information to establish probable cause for a search warrant may be grounds for challenging a warrant’s validity.
• Overbreadth or Lack of Particularity, A search warrant is supposed to be “particular.” But, warrants are often overbroad (i.e., they do not sufficiently target specific evidence) or lack the particularity required under Rule 41.
• Other Violations of the Defendant’s Fourth Amendment Rights, Many other search warrants are deficient. Depending on the circumstances at hand, the key to successfully suppressing evidence is finding the right Fourth Amendment violation to target.

Suppression of Evidence and the Exclusionary Rule

Regardless of the grounds on which a person files a motion to suppress, suppression of evidence is a remedy of “last resort.” Due to various exceptions to the exclusionary rule, there is not a guarantee that the evidence obtained in connection with a deficient search warrant will be suppressed. However, evidence obtained in connection with a search warrant may be admitted in federal criminal court if the search was lawful or an exception to the exclusionary rule applies, and this is why it is essential to challenge any search that is not based on valid probable cause.

Where to Go From Here

If any of this describes your situation, the next step is a conversation rather than more reading. Spodek Law Group runs a fully online client portal and represents clients coast to coast, with offices in New York, Brooklyn, Queens and Los Angeles. The number is 888 348 8028.