Any effort by a federal official to search your home or confiscate your belongings should raise suspicions. The Fourth Amendment of the U.S. Constitution, which states that “the right of the people…against unreasonable search and seizures, shall not be infringed, and no Warrants shall issue, except upon probable cause,” fortunately provide some protection against such a situation.
The first ten amendments to the U.S. Constitution, known as the Bill of Rights, guarantee Americans their right to privacy and protection against unauthorized search and seizure. Keep reading to learn how this is handled at a federal level versus state level when it comes to search warrants.
If you are facing charges or accusations of federal crimes, contact Chambers Law Firm at 714-760-4088 to speak to a federal defense attorney right away.
Defense options and Federal Search Warrants
Certain expectations relating to a federal warrant are protected by the Fourth Amendment, including searches and seizures that take place when a reasonable expectation of privacy is violated, the seizure of property with interference, and detaining someone while interfering with their freedom.
Agents may be proactive in their pursuit of evidence if you are being investigated for a federal offense, including many warrantless searches.
A federal court may issue a warrant to search your property if a federal law enforcement agency, such as the Federal Bureau of Investigation or the Drug Enforcement Administration (DEA), suspects you of committing a crime.
Agents must submit a written affidavit explaining why they think you committed a crime and why they think the crime’s evidence can be located on the property they want to examine in order to get a federal search warrant.
This means that if you are the subject of a federal criminal investigation, it’s possible that federal law enforcement officials will unexpectedly knock on your door.
You still have legal rights, though. Let’s say a federal law enforcement officer has reached out to you with a search warrant. In such scenario, the material on this website from our federal criminal defense attorneys will be very helpful to you as the matter develops.
Federal warrants vs. State warrants
A warrant for a search and seizure may be issued by the state or the federal authorities. The alleged criminal act is the primary distinction between the two categories. Investigative work is being done with the warrant.
Warrants issued by the state allegedly include breaking of state laws and local law enforcement officers enforce it while state judges approve it. Warrants issued by the federal government occur when a federal law is allegedly breached. The warrant is approved by a federal magistrate court and it is enforced by a federal agency (like the FBI).
Additional alleged offenses that are covered by federal law include: crimes that transcend state boundaries, crimes committed on government owned land, and crimes committed in airports or on airplanes.
If you have additional questions or want to speak with a federal defense attorney, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
