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ACTION LIST: WHEN LAW ENFORCEMENT SHOWS UP WITH A SEARCH WARRANT
If law enforcement officers descend upon your home or business with a search warrant, take these steps to protect your rights and ensure that the process of executing the warrant goes as smoothly as possible:
• Ask for a copy of the warrant. Read it. Does the warrant accurately describe the place to be searched (e.g., is your address correct?), and the date and time of the search? Is it signed by a judge?
• Ask for a copy of the “probable cause affidavit.” This is the sworn statement the officers presented to a judge in order to obtain the warrant. It may be sealed and, therefore, unavailable to you, but you should ask.
• Try to determine the “what and why” of the search. Find the officer in charge and try to learn the reason for the search, its object, and how long it will take.
• Say as little as possible. Other than preliminary “what and why” inquiries, do not talk to the officers. Do not answer questions. Do not try to engage in small talk.
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• Obtain as many business cards as you can from the officers and agents conducting the search. Officers frequently wear windbreakers that announce in large letters their agencies: “FBI,” “IRS,” “State Police.” Try to obtain a card from at least one officer or agent of each government agency on the premises.
• Do not reveal passwords to allow officers to access computer files. Standard operating procedure is for the officers to copy computer hard drives on the spot and leave the computer where it is.
• Clear the premises. Send any other persons on the premises – family members, employees – away.
• Do not interfere with the officers. The sooner they finish their work, the sooner they will be gone.
• Call your criminal defense lawyer as soon as possible.
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