How to Act When a Search Warrant Is Being Executed
A search warrant allows the police to enter a home or other property to look for particular items in a designated area due to the probability that evidence of criminal activity will be found. If there is reasonable suspicion that the owners of the property being searched are involved in crime, the searching authorities may detain them during the search of their home.
Contact a White Plains, New York, criminal defense attorney at Green & Willstatter who is familiar with search warrant execution and the rules that govern it. We can educate you as to how to act to protect your rights and avoid unjust conviction.
How to Act
While you should never resist a search with force, you need not consent to a search. If you do consent, the government can use that as justification for the search. If you object to a certain search, politely ask for the name of the officer conducting the search and advise them that you do not consent and that you object to the search. You may also ask the officer for a copy of the warrant and a list of items that have been seized.
Stay on the property during the search to ensure the search is conducted in an organized manner. You may be asked to unlock doors, etc., that the officers or agents would otherwise have to destroy to access. But you are not required to help the police conduct their search.
Seek the advice of a knowledgeable criminal defense attorney regarding how to act when a search warrant is being executed. We recommend calling a lawyer for assistance even while the search is being conducted if the officers will permit you to call.