Aviation

f. The identity of the place to be searched and the location, usually a street address, of the place to be searched.
g. The items constituting the object of the search.
h. The time of day or night and the period of time, usually five to ten days from the date the warrant was issued,
during which the execution of the warrant is authorized.
i. The period of time, usually not more than five days, following execution of the warrant within which it must be
returned to the issuing authority.
5. Counsel should note the names of all officers executing the warrant, identify the Agent In Charge, and identify all
witnesses to the search. Counsel then should pledge cooperation, and seek to engage the agents in an
accommodation to limit disruption of the facility. Counsel should offer to direct agents to areas where the material
identified in the warrant is likely to be found. The agents cannot be required by counsel to search only in designated areas,
but often they will accept reasonable limits on the areas to be searched.
6. Counsel must review the warrant carefully, noting the area to be searched and the items to be seized, which are
specified on the face of the warrant.
7. Counsel should seal off the search area from the rest of the facility to minimize disruption and avoid chance
encounters between agents and employees.
8. Notify all employees that, upon the advice of counsel, they may but are not obligated to discuss any aspect of the
investigation with the agents or officers.
9. Advise all employees that their persons and/or personal effects are not subject to search unless an individual is
specifically identified in the warrant. A search warrant for a premises will not authorize a search of any individual found
there unless the warrant specifies that the individual may be searched or if there is probable cause to believe the individual
is involved in an illegal activity.
10. Advise employees that they should not attempt to prevent the search from taking place since agents may use nondeadly
force, if necessary, to execute the warrant.
11. If the search extends beyond the limits of the warrant, or if the warrant contains facial inadequacies or defects, such as
a misidentification of the company or the wrong address, these matters should be called to the agents’ attention
immediately. This will foreclose a later claim by the government that the warrant was executed in good faith.
12. Counsel should accompany the agents and make detailed notes as to what areas are searched and what materials
are seized. These notes are often more helpful than the formal inventory that the agents are required to leave with the
company. This is especially true when the agents seize large quantities of documents that may be necessary to the
ongoing business of the company. Counsel’s detailed notes are essential in light of the Government’s history of sometimes
failing to return complete sets of seized documents. In lieu of notes, counsel can dictate the course of the search into a
tape recorder. Use of a video recorder is also proper but should not be employed if the agents object to its use.
13. Record in detail any aspect of the search which appears to exceed the scope of the warrant, e.g., places searched or
persons questioned which were not authorized by the warrant.
14. Note whether the agents or officers leave the premises and return later to conduct an additional search. Such “gaps”
in the search may require a second warrant.
15. As an additional precaution, counsel should request that the agents permit the company to photocopy selected original
documents before they are removed from the premises. Alternatively, counsel should seek a commitment from the Agent
In Charge that the company will be permitted access to and an opportunity to duplicate all the documents once they are in
federal custody.
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