Responding to a Federal Search Warrant

Can anything be more intimidating than having a group of federal officers materialize on your doorstep with a federal warrant, demanding entry so they can search your home? It can happen with little or no warning following investigations by various federal agencies that snatch unsuspecting people in their net. Now, more than ever, you need an experienced criminal defense attorney by your side to protect you and your rights.

Understanding Your Rights

The Fourth Amendment offers clear and unwavering protections for anyone facing federal searches, and those protections include the following:

• The right to an attorney: While federal agents are allowed to proceed with their search prior to the arrival of your attorney, it certainly benefits you to have a lawyer on the scene to ensure the actions of agents remain lawful. Thus, it would behoove you to make a very swift phone call to your lawyer.
• The right to remain silent: You are not required to reveal anything to agents, and it’s wise to remember this because anything that you do reveal could be used against you later. Silence is your best buddy under these circumstances.
• The right to read the warrant: Agents have no right to conduct a search without a signed judicial warrant. You should immediately obtain a copy of any warrant, read it, and check to see if agents are at the right location. Learn the details of precisely where they can search and know what–specifically– they are looking for.
• The right to have your property protected: Unlike in the movies, agents are not permitted to shred apart your home unnecessarily and destroy your property during the search just to be cruel.
• The right to be protected from overreach: Any federal warrant will have clear limits, and officers are not allowed to search beyond those constraints without your permission–which you need not–and absolutely should not– give. If officers are looking for a fugitive, for example, it’s not reasonable for them to search your bread box.
• The right to watch the search: Should agents attempt to force you to wait outside while they go through your home tell, insist that you are asserting your right to observe their search. As long as you’re not meddling with their work, you have every right to be there.
• The right to record the search: You may record the search, or, if you don’t have a phone handy, take written notes during the search–as long as you do so without interfering with their work. Your documentation could prove useful if unwarranted damage occurs or there are other issues that arise as a result of the search.

After the Search 

Your rights don’t end when the search is over. The experienced Kissimmee criminal defense attorneys at Salazar & Kelly Law Group are dedicated to protecting your rights from beginning to end of this experience and always fight for the best possible outcomes. To discuss, schedule a confidential consultation today.

Source:

fletc.gov/audio/search-warrants-mp3