What Happens After a Federal Search Warrant?

If federal agents arrive at your door with a search warrant, it can be overwhelming, confusing, and for most absolutely terrifying. Many people are unsure whether they have to answer questions, whether they can refuse a search, what rights they have during the process, or what happens after execution of a search warrant. Understanding how federal search warrants work can help you make informed decisions and avoid actions that could complicate a federal investigation.

At Evergreen Attorneys, we are experienced federal criminal defense lawyers practicing in federal courts across the country. If you have been the subject of a federal search warrant, you need to act immediately to ensure your rights are protected. Execution of a federal search warrant is a big deal. It can often lead to serious charges with substantial consequences. Contact the lawyers at Evergreen Attorneys today if you have been the subject of a federal search warrant.

Evergreen Attorneys: The Federal Criminal Defense Difference

 

We pride ourselves on being different from other lawyers. You can read more about our firm on our website, but here are just a few reasons why we are different from traditional law firms:

• We only focus on federal cases and high-stakes felonies. No family law, no medical malpractice, no transactional lawyers, no DUIs, and no traffic tickets.
• We only employ experienced partner-level attorneys. No fresh-faced associated right out of law school.
• We are a boutique federal defense firm. We are selective with our cases and every decision we make is tailored toward providing client-first exceptional criminal defense.
• Evergreen Attorneys handles criminal cases nationwide. We are not interested in being golfing buddies with the prosecutor.

What is a Federal Search Warrant?

A federal search warrant is a court order that authorizes federal law enforcement officers to search a specific location for evidence of a federal crime. Unlike a warrant issued in a state criminal case, a federal search warrant is generally sought by federal agencies such as the FBI, DEA, ATF, Homeland Security Investigations (HIS), IRS Criminal Investigation, or U.S. Secret Service.

Before a warrant can be issued, a federal law enforcement officer must present an affidavit to a federal magistrate judge establishing probable cause to believe that evidence of a federal offense will be found in the place to be searched. If the judge determines probable cause exists, the warrant may be signed and executed by federal law enforcement.

What are the Requirements of a Federal Search Warrant?

The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. There are generally four requirements for a search warrant to be legally valid:

1. Probable Cause: The warrant must be substantiated by reliable facts showing a fair probability that evidence of a crime will be found if the warrant is issued.
2. Oath or Affirmation: The facts relied upon to establish probable cause must be sworn to under oath by an officer or agent, typically by way of a written affidavit presented to a judge.
3. Neutral and Detached Magistrate: The warrant must be issued by an impartial judge or magistrate who is not personally involved in the case.
4. Particularity: The search warrant must specifically identify the location to be searched with an exact address, legal description or physical description. The warrant must also state with specificity exactly what property, items, or category of property the agents are authorized to search and seize.

What Can Federal Agents Search?

A search warrant should identify the location to be searched with reasonable particularity. Depending on the investigation, the warrant may authorize agents to search:

• A home or apartment
• A business
• A vehicle
• A storage unit
• Electronic devices such as computers, cell phones, or tablets
• Digital accounts or cloud storage

The warrant should also describe the types of evidence agents are authorized to seize. Although officers often have broad authority to search areas where the listed evidence could reasonably be located, they are not permitted to conduct an unlimited search unrelated to the scope of the warrant.

Do I Have to Let Federal Agents Inside?

If agents show up and present a valid search warrant for your property, you generally cannot lawfully prevent them from conducting the search. Attempts to physically interfere with the execution of a warrant can create a number of additional legal problems.

However, you still have important constitutional rights during the search. You are generally not required to answer investigators’ questions, explain documents or electronic devices, or consent to searches beyond the authority granted in the warrant. If agents do ask to search additional property or devices not covered by the warrant, you do not have to provide consent. Often times, law enforcement will rely on consent to justify a search that exceeds the scope of the warrant or a warrantless search.

What Rights Do I Have During a Federal Search?

Even when federal agents have a valid search warrant, you still have significant constitutional protections. These rights generally include:

• The right to remain silent
• The right to consult with an attorney
• The right to observe the search when practical without interfering
• The right to receive a copy of the search warrant
• The right to receive an inventory of property seized.

Exercising these rights during a federal search warrant can be crucial during a criminal investigation. Statements made during the execution of a search can later become evidence in a federal prosecution.

Can Federal Agents Search Your Phone or Computer?

Electronic devices have become so common in everyday life that federal agents often seek authorization to search a phone or computer for evidence of a crime in most cases. If the warrant authorizes the seizure of electronic devices, agents may take phones, computers, hard drives, or other digital media for later forensic examination. In many cases, the detailed review of the digital evidence occurs after the search has ended.

Whether agents can compel passwords or biometric access depends on the language of the warrant, specific circumstances, and evolving constitutional law. These issues can be highly fact-specific and often require careful legal analysis.

What Happens After a Federal Search Warrant?

After agents execute a federal search warrant, investigators may spend weeks or months reviewing the evidence. Not all search warrants result in criminal charges, but the execution of a warrant is a very serious matter.

Investigators will provide the seized evidence to federal prosecutors–Assistant U.S. Attorneys. Prosecutors will review this evidence and determine whether:

• Additional investigation is necessary
• Witnesses should be interviewed
• Federal criminal charges will be sought
• No charges are appropriate

Additional investigation may result in a target letter or grand jury subpoena. Do not ignore these as they mean that charges are likely coming. Because federal investigations often continue long after a search is completed, decisions made immediately afterward can significantly affect the outcome of a case.

Should I Speak to Federal Investigators?

NO! Federal agents may ask to interview you before, during, or after executing a search warrant. You need to understand your legal rights and do not answer any substantive questions. Even statements made with good intentions can later become important pieces of evidence later on.

If you learn that you are the subject or target of a federal investigation, you need to contact an attorney immediately.

What Happens if Charges are Brought After a Federal Search Warrant?

You absolutely need experienced federal criminal defense attorneys with an in-depth knowledge of the Fourth Amendment and how courts apply the exclusionary rule. Your case may hinge on whether the search was lawful under the Fourth Amendment. If there are grounds to challenge the validity of the search, then a motion to suppress evidence obtained during the search is in order.

What is a Motion to Suppress in a Federal Criminal Case?

A motion to suppress is a legal request to the federal judge to exclude evidence that was obtained in violation of the defendant’s constitutional rights. These often involve violations of the Fourth Amendment, but can include Fifth and Sixth Amendment rights as well.

If the federal judge grants the motion to suppress, the government cannot use the illegally obtained evidence during trial. In some cases, suppressing key evidence can significantly weaken the prosecution’s case and may even lead to dismissal.

When is a Motion to Suppress Filed?

A motion to suppress is typically filed before trial after the defense has reviewed the government’s evidence through discovery. Common grounds for filing a motion to suppress include:

• The search warrant lacked probable cause.
• The affidavit in support of the warrant contained false or misleading facts.
• The search exceeded the scope authorized by the warrant.
• A warrantless search was conducted that did not fall within recognized exceptions to the warrant requirement.
• Statements were obtained in violation of Miranda or the Constitution.
• The information in the affidavit was stale or unreliable.

A successful motion to suppress can dramatically change the course of a federal criminal case. When critical evidence is excluded, prosecutors may lose the ability to prove essential elements of the crime alleged.

Contact Evergreen Attorneys if You Have Been the Subject of a Federal Search Warrant

If you have been the subject of a federal search warrant, you need an attorney ASAP. Early intervention can be key to a favorable resolution, so do not wait until charges are filed. At Evergreen Attorneys, our federal criminal defense lawyers know what makes a search unlawful and how to protect your constitutional rights.

Contact us today at (303) 948-1489, by email at [email protected], or fill out a contact form to tell us more about your case.

 

 

Frequently Asked Questions

Can I refuse a federal search warrant?

No. If agents possess a valid search warrant, they generally have legal authority to conduct the search described in the warrant.

Will agents return property they seize?

Sometimes. Property may be returned after investigators no longer need it if it is not unlawful property. However, certain items may be retained as evidence or become subject to forfeiture proceedings.

Does a search warrant mean I will be arrested?

Not always. Some searches result in no criminal charges while others are followed by additional investigation before prosecutors decide whether to file charges.

How do I know if a federal search was valid?

You will need experienced federal criminal defense attorneys to review the warrant, affidavit, and evidence seized to determine whether the search was lawful.

Can a federal search warrant be challenged?

If the search did not meet the requirements set by the Fourth Amendment, then a motion to suppress is likely in order.

What happens if a motion to suppress is granted?

If granted, the suppressed evidence generally cannot be used against the defendant at trial. This may weaken the government’s case and in some instances lead to dismissal.

Who decides a motion to suppress?

The federal district judge assigned to the case will decide a motion to suppress after reviewing the evidence, legal arguments and, when necessary, testimony presented during a suppression hearing.