Search Warrants in White-Collar Cases
There is frequent use of search warrants by federal law enforcement. It is a shock to be arrested but worse when you go to your workplace and find many federal agents all over your office searching. It is also possible to wake up in the morning and find federal officers knocking at your door. Once you open they storm in your home and start doing their search.
What are the search warrant rules used?
You can get the criteria that must be met for a search warrant to be valid from the Fourth Amendment to the constitution of the United States. It gives the criteria for a valid search warrant. Particularly, “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The statement above means several things. The first thing is that the warrant must have probable cause supporting it. It means that for a law enforcement officer to get a federal case warrant, there is an affidavit to swear out. It is normally done by either a judge or a magistrate who sets the facts showing there is a probable cause to believe that if the federal officers are given warrant, they are likely to find crime evidence. The statement also means that there must be a description contained in the warrant showing that the federal officers are authorized to search and also the description of what they should take. When doing their search, the agents should only take things that they have been authorized. Also, as they conduct their search, they should do it in only places they have been authorized to search.
What is the meaning of federal government getting a search warrant for your office?
When federal government officers get a search warrant for your office, they are investigating. It means that they want to do some investigation because they believe your office has crime evidence. It means the judge agreed with them. If the federal officers are given a search warrant for your office, you should start thinking of their investigation. If you discover that you are being investigated, you may need to hire a lawyer to guide you on the process and shed some light for you.
Mostly the federal officers interview the employees at the officer about their investigation. What they want is for the person to make a statement that they can refer later and use it against you when they find that you are surprised by their raid at your office. The interview by federal agents is not an easy task, and it can be a horrible experience. In most cases those interviewed when the raid is going on can make statements that are damaging. But on the flipside, you will know why the agents are investigating you.
The agents take things like computers, cell phones, and hard drives when they are searching your office. The reason they do this is to find evidence. For example, they may find an incriminating email and use it against you. Mostly, they will agree to return your devices so that you can reaccess your machines and continue working. It will also help you and your legal advisor to know all the documents they took. But before they can return the devices, they first send them to a computer lab for law enforcement. It makes getting your documents and devices back to take some time.
The government uses search warrants because it gives them powerful advantages. They use the search warrant to collect documents. They can use the chance warrant to collect all the documents they need in one day. The business cannot limit their search scope. The only limitation the federal agents experience is that they must first apply for a search warrant to a magistrate or a judge. The reason for this review is for confirmation of probable cause.
Agents collect documents for review by attorneys and government agents. The team that does this work is separate from the prosecution team. When the government decides to use a search warrant on a business, it can lead to negative consequences on your business even if the business will not be found with any offense. The harm caused to the business cannot be undone, and if it is not charged with any offense, there is no remedy for the suppressions caused to the business.
Prosecutors understand the harm caused to a business due to the search warrant. They know it can negatively affect customers and investors. They only opt for a search warrant by looking at the circumstances. Search warrants can be undesirable because it consumes a lot of time to gather an experienced team to conduct search warrants. The exercise also drains a lot of resources. Visit this resource center to learn more.