What Should I do if the Police Hand me a Search Warrant?
It can be incredibly confusing, intimidating and even scary. The police pound on your door and demand to come inside and search, all while claiming that they have a search warrant. It may seem like TV but I promise you, it is difficult to imagine feeling more frustrated, confused and vulnerable. That all being said, what do you do? If you are facing serious criminal charges in Minnesota involving a search warrant, it is important to know your rights, your exposure and what steps you take next. Make sure that you consult with an experienced Minnesota criminal defense attorney.
“When cops pound on the door claiming they have a warrant, they are frequently loud, aggressive and demanding, scary. My advice? Take a breath.”
If the Police Hand You a Search Warrant, What do You do?
If the police hand you a search warrant, here are the steps you should take:
Remain calm. Take a breath and do your best to relax.
Comply with all of the police officers’ requests.
Ask to see the warrant: The police are obligated to provide you with a copy of the warrant.
Read the warrant very carefully: Make sure it is the right address. The warrant should clarify the specific location that the police are authorized to search and what items they are authorized to seize.
Cooperate with the police: Even if the police are wrong, they are being unfair or you think this is harassment. It is important to not obstruct or get in their way or you could be charged with obstruction or worse.
Scope of the Search: A Search warrant has parameters and they can only seize those things related to that warrant. That being said, items found in plain view that may be illegal, i.e. drugs, guns, etc. may also be seized.
Do NOT speak with the police about what they find or about the case at all. Say, “I want my lawyer present before I will discuss the case.”
Documenting the search: Take notes, the number of officers, what they are doing, their behavior, what they say. Take pictures or videos if possible. There may be a question of scope of the search in the future and video can help.
Contact an experienced Minnesota criminal defense attorney: The police must convince a judge to sign a search warrant and you do have rights. There may be ways to suppress any evidence found in a search. An experienced attorney can help.
In the end, whether a Search Warrant “holds up” is a question for the future. When they arrive at your doorstep, it is critical to remain calm and cooperate. Your failure to do so could play straight into their hands. You could be arrested for Obstruction of Legal Process, Obstruction of Legal Process with Force or even 4th Degree Assault of a police officer.
“Its important to cooperate but make sure you make not comments about what they find or anything else about their investigation. Have your attorney present.”
If you are facing criminal charges in Minnesota, be they theft charges, gun charges, drug charges, sex crimes, child pornography or more, knowing what you face is important. Don’t speak with the police, cooperate and consult with an experienced criminal defense attorney as soon as possible. Better yet, make sure that they are a Board Certified Criminal Law Specialist.
Jack Rice is a Board Certified Criminal Defense Attorney, a former prosecutor and a former CIA Officer. He is also a nationally known criminal defense attorney and the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.