Responding to a Federal Search Warrant

What could be more intimidating than having a slew of federal officers show up with a warrant demanding to inspect your home? This is precisely what happens with little or no notice when federal agencies have been conducting an investigation and you were caught up in the net. This is the time that you need an experienced criminal defense attorney by your side protecting your rights.
What are Your Rights?
The Fourth Amendment provides clear and consistent protections for those facing federal searches, including the following:
- You have the right to remain silent. You don’t have to tell agents anything, and it’s wise to keep mum because anything you do say could wind up causing problems for you as the case moves forward.
- You have the right to an attorney. Yes, federal agents can go ahead with their search before your attorney arrives, which means you should make a very quick phone call to your lawyer. Ultimately your legal counsel can work to keep the search within the scope of the warrant.
- You have the right to read the warrant. If agents fail to produce a warrant, they cannot conduct a search. Be sure to obtain a copy of any warrant immediately and check that agents are at the right location, and know the specifics of where they can look and what they are looking for.
- You have the right to Watch the Search. Don’t let agents force you to wait outside while they go through your home. As long as you’re not getting in the way, you have every right to be there.
- You have the right to have your property protected. Agents are not allowed to tear apart your house unnecessarily and damage your property during the search.
- You have the right to be protected from overreach. The warrant has clear parameters, and officers are not allowed to search beyond them without your permission—which you are under no obligation to provide. If officers are looking for a stolen car, it’s not reasonable for them to search your bedroom, for example.
- You have the right to record the search. Feel free to videotape the search, or, at the very least, take notes during the search—but do so without obstructing their work. This documentation could prove useful if undue damage occurs or there are other issues down the road.
After the Search
Your rights don’t end when the search is over. The experienced Las Vegas criminal defense attorneys at Lobo Law 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 in our Las Vegas office today.
Source:
fletc.gov/audio/search-warrants-mp3