NCJ Number
152937
Journal
FBI Law Enforcement Bulletin Volume: 63 Issue: 12 Dated: (December 1994) Pages: 1-6
Date Published
1994
Length
6 pages
Annotation
This article outlines the step-by-step procedures that investigators and prosecutors should follow to significantly reduce the time necessary to draft applications for search warrants in fraud cases.
Abstract
Search warrants are powerful and restricted investigatory tools and vary in their complexity. The techniques used to draft the applications and conduct searches for the business records in a fraud case differ significantly from those used to obtain a single piece of evidence. To obtain a search warrant, investigators must show probable cause that a specific crime was committed and reasonable probable cause that some type of physical evidence can be found in a particular place. In fraud cases, investigators must identify a lie and should interview the party who has been deceived and ask explicit questions about the importance of each lie. They must also recognize that they cannot request authority to search for all documents pertaining to an investigation. They must write the application simply, describe everything clearly, and assume that the prosecutor and magistrate know nothing about the investigation. The first draft should be reviewed by an investigator who has not been significantly involved in the matter. Using these and related procedures will strengthen prosecutions. Reference notes