San Diego Criminal Lawyers Blog
What could be more menacing than having a group of federal officers arrive at your house with a warrant demanding entry so they can conduct a search? These incidents occur all the time with little or no notice, after federal agencies conduct investigations, and people get caught up in the net. Now, more than ever, you need an experienced criminal defense attorney by your side protecting your rights.
What are Your Rights?
The Fourth Amendment offers clear and reliable protections for anyone facing federal searches, and those protections include the following:
The right to remain silent: You are under no obligation to tell agents a thing, and it’s wise to zip up because anything that you say could wind up causing problems for you down the road. Silence is your friend in this situation.
The right to an attorney: Federal agents are allowed to proceed with their search prior to the arrival of your attorney. That means it would be in your best interest to make a quick phone call to your lawyer. Ultimately, your legal counsel can work to keep the search within the scope of the warrant.
The right to read the warrant: In the event agents fail to produce a warrant, they cannot conduct a search. Immediately obtain a copy of any warrant, read it, and monitor whether agents are at the right location, know the specifics of where they can look, and know what they are looking for.
The right to watch the search: If agents try to force you to wait outside while they go through your home, tell them you are asserting your right to observe their search. As long as you’re not obstructing the officers, you have every right to be there.
The right to have your property protected: Agents are not allowed to tear apart your house unnecessarily and damage your property during the search.
The right to be protected from overreach: Any federal warrant will have clear parameters, and officers are not allowed to search beyond those limitations without your permission, which you are under no obligation to give. If officers are looking for stolen gold bricks, it’s not reasonable for them to search your medicine cabinet, for example.
The right to record the search: You have every right to videotape the search, or, at the very least, take notes during the search—as long as you do so without getting in the way of their work. This documentation could prove useful if undue damage occurs or there are other issues that come up. Continue reading