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News reports speculate that more searches will follow. The execution of a search warrant at a business presents many unique challenges.
Such challenges include, but are not limited to: Mounting an effective response to these challenges requires a business to implement appropriate procedures that allow the business to cooperate with the agents conducting the search while continuing to operate its business.
First and foremost, the company should immediately contact outside counsel. If outside counsel how to write a search warrant for facebook not readily available, the Chief Legal Officer should otherwise ensure the immediate presence of in-house counsel at each search site.
The Chief Legal Officer or designee should inform the law enforcement agents that counsel has been contacted, and ensure that counsel is able to connect with the law enforcement agents on site.
The Chief Legal Officer or designee should inform law enforcement agents that the firm intends to cooperate fully with their search, and will assist the agents in locating and indentifying documents responsive to the search warrant. Counsel should request a copy of the search warrant, which law enforcement agents are normally required to bring and provide to the operator of the premises.
It is imperative to determine whether the warrant is a search warrant authorizing an inspection of places where materials responsive to the warrant are likely to be found or a seizure warrant a narrower legal device often used in property forfeiture proceedings allowing merely the seizure of a particular item, such as a computer or personal property.
Counsel must ensure that the premises to be searched and the items to be taken are covered by the warrant. Counsel should point out for the law enforcement agents any issues identified concerning the scope of the requests in the warrant.
Additionally, counsel should obtain the names and contact information of the agents executing the warrant at a minimum, the supervisory agent as well as the prosecutor in charge of the investigation.
In executing the search warrant, law enforcement agents may temporarily and reasonably restrict the activities of employees to ensure that no responsive materials are removed or destroyed.
Law enforcement agents may also inquire as to whether there are weapons on the premises for their own safety.
This is a standard request, even during the search of a business, and should not be cause for alarm. Employees should not make any attempts to restrict law enforcement agents from searching any areas.
If a dispute arises about whether responsive materials may be found in a particular location on the premises, or whether a particular type of document is responsive to the warrant, the firm must involve outside counsel and take notes about the relevant issues, but no attempt should be made to block the agents from the search.
Any such acts could be viewed by the agents as an attempt to obstruct the search or destroy evidence, and could result in even a temporary arrest of the employee. Employees on the premises when a warrant is executed should be instructed to assist law enforcement agents in identifying the records called for by the warrant.
To the extent possible, such assistance should be provided with counsel present. Such questions may seem innocuous, but may later become problematic. Counsel should keep a record of any such questions and any answers given. If law enforcement agents appear to be asking excessive questions, counsel should ask to speak to the supervisory agent in charge or the prosecutor in charge to address this issue.
The execution of a search warrant at nearly all companies today will inevitably involve some search of computer records.
Counsel should discuss the procedures for searching and seizing electronic storage devices with the supervising law enforcement agent or prosecutor. A full discussion of these issues is beyond the scope of this article.
However, there are instances where law enforcement agents may insist on taking the original machine. Counsel should discuss such requests with the prosecutor in charge of the investigation.
If at all possible, have an in-house computer technician respond to the premises to assist by answering questions, providing passwords and other access, and protecting against damage to data and storage devices.
Counsel should also focus on the protection of privileged material. When law enforcement agents are conducting the search, counsel must identify items that are privileged and carefully document how the agents handle such materials.
On privilege issues, counsel should engage the agents and the prosecutor if available on the procedures established for handling privileged material. As a general rule, case agents should be walled off from potential exposure to privileged material to avoid tainting the investigation.
If any materials identified as privileged are reviewed by the agents or seized, the materials should be sealed by a non-case agent and reviewed by law enforcement agents and prosecutors not involved in the investigation.
To ensure that proper procedures are followed to protect privileged material, counsel should inquire as to which law enforcement agents are the case agents and which have been brought in merely to assist with the search.
The agents may refuse to answer these questions. If so, counsel should record the names of any agents who come in contact with privileged material.
Counsel should assign an employee to keep a shadow inventory of what records are searched and what records are removed from the premises.
It may be necessary for multiple employees to keep inventories if the scope of the search is large and covers separate areas within the offices of the business. In preparing these inventories, it is important to document not just what records were removed, but also how the search was conducted.Executive Career Brand.
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an application for a search warrant under 18 U.S.C. §§ (a), (b)(1)(A) and (c)(1)(A) to require Facebook to disclose to the government records and other information in its possession, pertaining to the subscriber or customer operating the web sites. Jul 20, · Opinions expressed by Forbes Contributors are their own.
AI & Big Data I write about the broad intersection of data and society. Earlier this month it came out that among Facebook’s myriad. Aug 28, · In this Article: Taking Initial Steps to Quash the Warrant Responding to the Warrant Community Q&A.
Arrest warrants can be issued for a variety of reasons. These may include failure to pay a fine or post bail, failure to appear for a court-ordered hearing, or failure to comply with some requirements of probation or parole%(13). May 17, · Complete the application for a search or arrest warrant.
You attach the affidavit in support of your application for a warrant. Accordingly, you should fill out the application after finishing your affidavit. Ask a colleague for the correct form.
Most applications ask you to list your reasons for finding probable cause%(2). Constitutional quiz: What are the -only property rights that the Founders considered important enough to actually write into the Constitution? Answer: patents and copyrights.
(U.S. Constitution, Article I, Section 8, Clause 8.)President George Washington himself signed the first patent, U.S. Patent No. X, on July 31, The Founders knew the importance of innovation and invention and.