Check To See If Someone Has A Warrant
Check To See If Someone Has A Warrant

Check To See If Someone Has A Warrant

Check To See If Someone Has A Warrant – If your home has been raided by federal law enforcement and you are reading this page, it means you have not been arrested. If so, you are in a better position than some people

You can start preparing now to settle a federal investigation by making the search as favorable as possible

Check To See If Someone Has A Warrant

The first thing is to recognize that you have gone through a stressful situation that will shock anyone Federal agents have just violated the sanctity of your home and rifled through your personal belongings. Perhaps you were also physically restrained

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We have represented many people who have been in your situation and many of them have never seen the inside of a courtroom, let alone a jail cell. Here are answers to some of the most common questions they ask us:

A federal judge (usually a magistrate) will issue a warrant if the government can show probable cause for the requested search. The judge may accept evidence of probable cause through sworn testimony, recorded testimony, or affidavit The last method is by far the most common

In the normal search warrant process, an affidavit is written by an agent involved in the case. It usually gives some background on the agent and overall research Most importantly, it will state the agent claims establishing probable cause for the requested search A search warrant affidavit can run several pages for complex cases

An Assistant United States Attorney will review the warrant application and present it to a federal judge. It is a

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Proceedings – means the person whose property is to be sought as a right of attachment The signed search warrant is then issued to agents for execution within a specified window.

No. If the government lacks evidence to show probable cause, the magistrate judge will deny the request for a warrant.

If the government has evidence to show probable cause, it won’t take long to get a search warrant Agents and attorneys only need to type it up and present it to the judge Most courts always have a duty magistrate available to sign search warrants.

How long it takes the government for probable cause is a different matter Some investigations can go on for months or years before the government has enough evidence to obtain a warrant

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In more complex cases, particularly white-collar investigations, agents and prosecutors may choose to wait a significant period of time before executing a search warrant. They do this because once a search warrant is executed, the cat is out of the bag The target of the warrant now knows that there is an investigation, and can begin to take proactive steps Delaying the execution of the warrant allows prosecutors to continue investigating the case without finding the target.

The requirement for a federal search warrant comes from the Fourth Amendment and Federal Rule of Criminal Procedure 41.

There are also requirements as to how the warrant is to be executed This includes: specifying the exact date and time of execution of the warrant and a list of seized property Seizure agents must also issue a receipt to the person whose property was searched, or leave a receipt at the location. The agent executing the warrant must also return it to the magistrate judge along with a list of items seized.

If you are present when a search warrant is executed, you should always ask to see a copy of the warrant. If the warrant does not accurately describe the place to be searched, is not signed by a judge, or otherwise fails to meet the above requirements, you may refuse to allow agents to search.

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However, even if you believe the warrant is not valid but the agents proceed to search anyway, it is important not to be aggressive with the police – verbally or physically. This will surely worsen the situation

Instead, write down exactly what you told the police and what happened, especially if your objection to the warrant is not witnessed by another person. Write down as many details as you can remember If you later have to challenge the search warrant in court, it will be important to discuss exactly what happened with your federal criminal defense attorney.

Yes, the police can execute a search warrant even if no one is present They must leave a receipt that they have confiscated

The case agent (ie the agent leading the investigation) will assemble a search warrant “team.” It may consist of agents from multiple federal agencies and state law enforcement agencies. For some agents, executing a search warrant will only be investigative

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The amount of force and firepower agents use depends on the type of case and what they have been told about the likelihood of resistance. However, in white-collar areas where the risk of resistance is low, the team will come up with an impressive display of power.

Agents and lawyers will always claim that this show of force was necessary, but often it is not Experienced criminal defense lawyers know that agents know that this can be a shocking and frightening experience for people. Agents executing search warrants often attempt to interview their targets at the same time Ironically, people in a state of panic will be caught off guard, unable to think carefully about their decisions. They would often talk to agents, or give statements to agents, which would later be used against them. In this article we will discuss these situations in more detail

Different agents of the team will have different roles Usually someone is responsible for the photographs while other agents are sent to different departments of the house A “seizure agent” receives property that agents identify as covered by a warrant.

Meanwhile, other agents may secure the property, temporarily detain or interrogate the occupants of the home (more on that later).

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Agents will package the materials and transport them to one of their field offices The agent and supervising assistant United States attorney will review the evidence. If there is a computer, phone or other digital device, agents will download and review the content Evidence can be used for probable cause to obtain additional warrants, or simply stored until trial

If charges are brought, the attorney will provide this evidence to the defense as part of the discovery process

If the government has enough evidence for a search warrant does that mean there is enough to charge me?

Just because the government has enough evidence for a search warrant doesn’t mean it has enough to convict you. As noted above, the standard of proof for obtaining a search warrant is “probable cause”. The standard of proof for a criminal conviction is “beyond a reasonable doubt,” which is a high standard

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Further, the rules of evidence do not apply to search warrant affidavits For example, search warrants may contain hearsay, which would not be admissible at trial

Finally, the information contained in the search warrant affidavit may simply be incorrect Federal agents are human beings who make mistakes or, in some rare and unfortunate cases, knowingly put false or misleading information in their search warrant affidavits. Read on to learn how to challenge a search warrant in court

You will not necessarily be charged The first question to ask is: Are you sure they were after this? If you have multiple people living in your home, you may not be a target

Second, even if you are the main target of the investigation, you may not be charged A criminal investigation that goes as far as executing a search warrant, but that may be years away from conclusion. Perhaps the outcome of the investigation was not what the lawyers and agents had hoped for

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If you are able to retain counsel for your defense, that person can actively help you convince the government that you are not guilty of a crime. At our firm, we have been involved in many investigations where our clients’ homes or businesses were searched and no charges were filed.

As we described above, it is common for agents to attempt to question suspects during a search

This is often an opportunity for agents to question the goals of their investigation before the targets hire counsel, and they don’t want to pass it up.

If you agree to answer law enforcement’s questions, your case could be adversely affected because the statement could be used against you. On the other hand, it might not be nearly as bad as you think What you tell the agents is, of course, very important in determining how it will affect the case, if it ever makes it to court.

Arrest And Detention.

You may be able to exclude your statement Persons in law enforcement “custody” have a Fifth Amendment right to remain silent They must accept

There are courts

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