Procedures If Served With a Search Warrant

• NCJ Number: 123724
• Author(s): J Best; L Kieve
• Date Published: 1988
• Length: 8 pages
• Corporate Author: American Bar Association
• Publication Format: Document
• Publication Type: Training (Aid/Material)
• Language: English
• Country: United States of America

Annotation

These instructions are intended for use by a company or its law department to respond to a search warrant and should be tailored to the circumstances of the particular company.

Abstract

The first step is to read the warrant and obtain a lawyer. The staff member should be courteous and businesslike and should not try to impede the person serving and executing the warrant. They should ask for a copy of the warrant to keep, ask the person serving the warrant for identification, ask for time to review the warrant, and ask to be able to consult with the company's lawyers. The lawyer or the company staff member should then try to obtain a stay of execution of the warrant. If the person serving the warrant conducts any form of search, the company staff member should carefully monitor it to make sure that it does not exceed the precise limits set forth in the search warrant. Staff should avoid answering any substantive questions and should either move to quash the warrant or file a motion for the return of the materials seized.