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Grace Under Pressure: Fifteen Steps You Should Take to Manage Successfully a Search of Your Client's Office Pursuant to a Federal Warrant

By Marcellus A. McRae, Brian C. Goebel & Mark Mermelstein*

Originally published on August 2, 2002

Introduction

One day you may receive a telephone call from a panicked client telling you that federal agents have entered the client's offices, seized control of the premises, started questioning the employees, and announced that they are executing a search warrant. If you receive that call, what should you do?

This article attempts to answer that question by providing guidance to those confronted with the task of responding to the execution of a search warrant. It is not intended to be a comprehensive examination of the Fourth Amendment, the Federal Rules of Criminal Procedure, or any other federal or statelaw relating to the execution of search warrants. Although this Article focuses on federal law, many of the principles discussed also apply to searches conducted by state officers. Likewise, although the Article discusses the search of corporate offices, many of the objectives and steps described apply to searches of individual residences.[1]

Discussed below are severalobjectives that you should have in mind as you manage a search of your client's office. Although a defense attorney cannot prevent or completely eliminate the disruption associated with a search, focusing on these objectives should help you to minimize that disruption and to place your client in the best possible legal position following the search. This Article then suggests fifteen steps that you should take before, during, and after a search in order to meet these objectives.

Objectives For Managing a Search

There are severalobjectives that you should have in mind as you manage a search of your client's office, including:

Gain as much control over the flow of information to the government as is legally possible;

Verify that the search is constitutional and lawful;

Protect any privileged documents;

Obtain information from the government concerning the scope of the search, the underlying investigation or circumstances that prompted the search, and your client's status in the investigation;

Minimize the disruption caused by the search; and

Position the client to seek appropriate relief after the search

Fifteen Steps You Should Take To Achieve These Objectives

Before leaving the office you should:

advise your client of his rights and determine the identities of the prosecutor and a...

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