Two fundamental principles about search warrants merit discussion.
First, a search warrant is not a license to conduct interviews or to take testimony. A search warrant is limited to “(1) property that constitutes evidence of the commission of a criminal offense; or (2) contraband, the fruits of crime, or things otherwise criminally possessed; or (3) property designed or intended for use or which is or has been used as the means of committing a criminal offense . . ..” Fed. R, Crim. P. 41(a). Notwithstanding, government agents do try to interview employees during a search. Why? Typically, it is not because the agent is evil, rather, because it is convenient. Why make two (or more) trips to interview employees when you might be able to get it done during the initial search? The agents can be stopped and should be stopped from doing so, but it must be done in a lawful manner. One piece of advice I give clients is, when faced with the service of a search warrant, send all non-essential employees home (you are not going to get any work done anyway).
Second, there is no such thing as a general search warrant. Searches are limited to the subject matter and the description of the premises to be searched. A warrant is not a general license to look everywhere; make sure that the agents executing the warrant do not exceed their boundaries.
Next we will look at how to prepare for the search (even when you do not know when or if one is coming).
More later.
As always, if you have any questions, please feel free to give me a call or e-mail me at walter.james@jamespllc.com.
WDJiii