QUESTION
What is our defense against Homeland Security's search and seizure warrant?
Asked on Sep 03rd, 2011 on Criminal Law - Arizona
More details to this question:
Homeland Security did a search & seizure warrant on my husband's apartment. They took his computer while he was at work. They came and spoke with him at his job but did not arrest him. They are apparently investigating a cybercrime of some sort. They said it would be 4-6 months before they were done looking at his PC. This is totally out of the blue & we have no clue as to what is going on. What his rights are, if he's even in trouble, or if this was legal. I assume his landlord let the agents in.
20 ANSWERS
Gary Moore
You need to make an appointment with a criminal lawyer and have a thorough converation with him.
Answered on Jun 11th, 2013 at 1:06 AM
Michael J. Breczinski
You want to find an attorney that specializes in federal law to fight this matter. They need a warrant and the seizure has to be reasonable. They need a reason to get the warrant and you have to have a chance to fight it.
Answered on Sep 08th, 2011 at 3:09 PM
Roianne Houlton Conner
If they had a search warrant based on probable cause then there is little that can be done.
Answered on Sep 07th, 2011 at 12:54 PM
Theodore G. Hess
If federal agents of the Department of Homeland Security seized your husband's computer with a warrant from a federal judge, your only "defenses" are (1) the affidavit in support of the search warrant does not contain "probable cause" to support the search warrant and/or (2) the affidavit in support of the warrant contains false information. If the agents did not have a search warrant, a landlord generally does NOT have the authority to allow them to search your home. The remedy for a bad search is a motion to suppress in court or a civil rights actions against the agents. It is difficult to get seized evidence back, but you should begin demanding its return.
Answered on Sep 07th, 2011 at 11:40 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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If take pursuant a valid warrant, then there is nothing to be done at this time. The warrant could be reviewed to see whether it was improper. A motion could be filed for return of the computer.
Answered on Sep 07th, 2011 at 11:35 AM
If there was a valid search warrant, the agents could seach and seize the property set forth in the warrant. To determine if this was a legal search the affidavit for warrant and actual warrant would have to be reviewed.
Answered on Sep 07th, 2011 at 10:52 AM
What he needs to do now is hire a lawyer, and not talk to anyone about anything unless his lawyer is present. All communications with Homeland Security should be through his attorney. Otherwise he risks incriminating himself further.
Answered on Sep 07th, 2011 at 10:38 AM
The answer to your question depends upon whether they had a warrant to search the home for his computer. Did you receive an inventory of the search and other documents? If so, then they did execute a warrant signed by a judge. Your remedy is suppression of the evidence in court later on if the warrant was obtained in an illegal way. If the landlord just let them in with his consent, then you would have to challenge the authority to consent later on, which could be difficult. You may be able to find out more and help yourself by hiring a lawyer while the investigation is pending. This is always a good idea.
Answered on Sep 07th, 2011 at 10:36 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You will need to retain alawyer that does federal criminal defense ro obtain and review any reports and warrants to see if they are valid. If not, your attorney can file to get your property back and to suppress any evidence or dismiss any charges that have been made against you.
Answered on Sep 07th, 2011 at 10:36 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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He can try to fight the warrant. You need a lawyer, though.
Answered on Sep 07th, 2011 at 10:02 AM
First step would be to hire an attorney. You need to get a copy of the search warrant to see what the probable cause was for the search. Even the homeland security has to follow the Bill of Rights. You still have the right to be free from unreasonable searches and seizures. However. You do need a lawyer and sooner is better than latter.
Answered on Sep 07th, 2011 at 9:47 AM
If the search and seizure was pursuant to a warrant then a judge has reviewed the grounds for the search and made a finding of probable cause. A seizure via a warrant is difficult but not impossible to challenge dependent of the basis for requesting the warrant. The "defense" is to challenge the constitutionality of the warrant assuming they find something.
Answered on Sep 07th, 2011 at 8:43 AM
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You need a federal criminal attorney is your district. Google attorneys and meet with them. It is very hard to prevent the government from these acts because they cloak their investigatory power as necessary for the general public good. You need a great lawyer.
Answered on Sep 07th, 2011 at 8:14 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Search and seizure law is very fact specific. The entry and taking under the 4th amendment requires a warrant or an exception. In recent years the supreme court has decreased the scope and protections afford private homes. You will need to get a copy of the warrant affidavit in order to determine if it was lawful.
Answered on Sep 07th, 2011 at 6:41 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If Homeland Security has a valid search warrant, then there is no "defense". If they took your husband's computer then chances are, your husband is a person of interest and they may be building a case against him. It sounds like now may be a good time to consult with and possibly obtain an attorney. before your husband is possibly arrested.
Answered on Sep 07th, 2011 at 6:11 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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I'd certainly retain an attorney and let the attorney start asking them about their warrant and what probable cause was used to get it. The abuse of the USA PATRIOT Act is becoming very troubling. You need an attorney to start making them accountable to create the record. Homeland Security should only be investigating National Security issues so be sure and find a lawyer that is admitted to the Federal Court.
Answered on Sep 07th, 2011 at 6:11 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Don't speak to them. Don't go in for an interview. Hire your defense attorney now and be prepared.
Answered on Sep 07th, 2011 at 5:53 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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If they have a warrant they can smash the door in there is no liability on the part of the landlord letting them in. You need to retain counsel ASAP.
Answered on Sep 06th, 2011 at 3:46 PM
Daniel Kieth Martin
This is a tricky area of the law because agencies can claim that it is for national security and refuse to provide information. The best thing to do is hire a lawyer who can act as a laison and request information from the agency. I wish that I could give you more info however due to the involvement of Homeland Security, it is difficult to provide more concrete answers.
Answered on Sep 06th, 2011 at 3:46 PM
Criminal Defense Attorney serving Flagstaff, AZ
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Griffen & Stevens Law Firm, PLLC
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They should have provided you or your husband with a copy of the search warrant. The government is required to have a search warrant, except under limited circumstances, to enter and search a person's home and to detain or seize a person's property. You should get a copy of the search warrant and take it to an attorney for review and advice.
Answered on Sep 06th, 2011 at 3:46 PM