At best, having a team of law enforcement officers appear at your business or home with a warrant is unsettling. However, understanding what a warrant is, how one is obtained, and the best course of action when faced with one, can reduce the stress.
What is a Warrant?
A warrant is a writ issued by a court authorizing action—the arrest of an individual; the search of a location, vehicle, or person; or the seizure of evidence—by a legal authority. The requesting agency must show probable cause to obtain one, i.e., reasonable belief that you or your business have been involved in a crime. Note this is a lower standard than is required to find someone guilty of a crime.
Arrest Warrant—How to Respond
The checklist for responding to an arrest warrant is short. If you learn about the warrant before being served, contact an attorney immediately; you may be able to resolve the matter with the court instead of being arrested. If you learn of the warrant as you are being detained, cooperate with law enforcement, but do not speak except to assert your right to contact an attorney.
Search and Seizure Warrant—How to Respond
Confirm the existence of a search and seizure warrant. If law enforcement appears at your door, you are not obligated to speak to them or allow them entry unless they present identification and a warrant, so be sure to ask to see these items. If you consent to a search without a warrant, the evidence they gather can be used against you. If they have a warrant, they can use force to enter if you do not admit them. Officers are also permitted to take reasonable steps to ensure their safety while executing the search warrant by directing individuals to stay in a certain location or even handcuffing them.
Be polite and stay calm. Throughout the interaction, be polite and say as little as possible. Anything you say can and will be used against you. Take some deep breaths and remind yourself that the calmer you are, the more clearly you can think and the better you can protect yourself.
Review the warrant. Confirm that the home or business specified on the warrant is yours—mistakes do happen—and that a judge or magistrate has signed it. Next, review what areas the warrant authorizes the officers to search and the type of evidence they are seeking. Do not admit them to areas not stipulated in the warrant. Denying permission to search areas not permitted in the warrant will preserve your right to file a pre-trial motion to suppress any evidence illegally obtained. However, do not try to physically bar them from searching. Simply, state you do not consent to the search of the area you believe is outside the scope of the warrant.
Document the search. Film or photograph officers as they conduct the search and take notes. It will be helpful to have a record of what law enforcement seized and removed during the search.
As soon as possible, contact a criminal attorney for advice on the next steps. To reiterate, do not speak with law enforcement without the advice of counsel. Resist the impulse to clear things up quickly by offering information or explanations.
Eleina K. Thomas, Esq. is a Senior Associate at Gertsburg Licata. Her practice is focused on criminal and complex civil litigation at the Federal, State, and local level.
This article is for informational purposes only. It is merely intended to provide a very general overview of a certain area of the law. Nothing in this article is intended to create an attorney-client relationship or provide legal advice. You should not rely on anything in this article without first consulting with an attorney licensed to practice in your jurisdiction.
