When law enforcement shows up at your home or business with a search warrant, it’s natural to feel alarmed or even angry. However, how you respond at that moment can impact the course of your case. As a criminal defense attorney, I know firsthand how quickly these situations escalate. A search warrant doesn’t mean you’re guilty, but it does mean the government believes they have probable cause. That is why it’s important that you understand your rights and how to protect yourself legally when facing this type of encounter.
Whether you’re under investigation for fraud, embezzlement, or another white-collar offense, understanding what police can and cannot do—and how you should respond—matters. Our legal system has rules designed to protect your rights. If those rules are broken, it may be possible to challenge the evidence collected.
A search warrant is a court order issued by a judge or magistrate that authorizes law enforcement to search a specific place for evidence related to a suspected crime. Under the Fourth Amendment to the U.S. Constitution and Article I, Section 6 of the Illinois Constitution, people have the right to be free from unreasonable searches and seizures.
Law enforcement must establish probable cause before a judge will issue a warrant. That means they must present evidence that would lead a reasonable person to believe a crime was committed and that the location to be searched contains evidence of that crime. In federal cases, this process is governed by Rule 41 of the Federal Rules of Criminal Procedure. In Illinois, 725 ILCS 5/108-3 outlines the legal standards for issuing a search warrant.
When officers arrive at your door and say they have a search warrant, we
strongly recommend the following:
Do not resist or obstruct the officers. Resisting or obstructing can result in additional charges, including obstruction of justice under 720 ILCS 5/31-1.
You have the right to see the search warrant. Review it carefully. The search warrant should list the address, items to be seized, and the judge who issued them. If the location is incorrect or the warrant is unsigned, notify the police officers, but do not interfere with their search.
Police can only search the areas and seize the items listed on the warrant. Do not give them permission to go beyond that. If they ask to search somewhere not listed, say clearly, “I do not consent.”
Anything you say can be used against you. Politely inform the police officers at the scene that you will not answer questions without your attorney present. Under the Fifth Amendment and Illinois case law, you have the right to remain silent.
If safe to do so, observe and document the officers’ actions. Take note of where they search and what they take. This information may be important in building your defense, especially if the search exceeds the scope of the warrant.
If law enforcement has executed a warrant at your property, you should contact a criminal defense lawyer right away. Early legal intervention can shape the outcome of your case.
Yes. If the warrant was based on false information, if officers searched areas not covered by the warrant, or if your constitutional rights were violated during the search, we can file a motion to suppress the evidence. If successful, this can limit or even eliminate key evidence in the government’s case.
In many criminal cases, a search is part of a broader investigation. You may not be arrested immediately, but your electronic devices, business records, and personal files may be seized. This often signals that charges may be coming.
If your phone or computer is specifically listed on the warrant, they can seize and search it. Otherwise, they typically need a separate warrant. Digital privacy is protected under both federal and Illinois law, including recent U.S. Supreme Court decisions such as Riley v. California.
If police serve a warrant at the wrong address, any search may be considered unlawful. This could be grounds for a motion to suppress under the exclusionary rule.
You should be left a copy of the search warrant and an inventory of what was taken. Do not contact law enforcement. Speak with a lawyer immediately so your legal rights are protected from the start.
Possibly. If charges are not filed or the property is not needed for evidence, we can file a motion for the return of property under Rule 41(g) of the Federal Rules of Criminal Procedure or through an Illinois post-seizure procedure.
Not always. In white-collar cases, investigations may continue after the search. However, a warrant execution is often a sign that charges are likely. Contacting a criminal defense attorney promptly can help you prepare.
If officers have a valid warrant and knock but receive no response, they may be allowed to forcibly enter. This is referred to as a “knock and announce” rule, which can be waived under certain circumstances. If force was used improperly, it could raise legal issues.
Federal investigations often begin quietly. If your property has been searched by federal agents, contact an attorney who handles federal criminal cases. Time is critical in these situations.
If the police have served a search warrant at your home or office, do not speak with law enforcement or try to handle it alone. The decisions you make in those early moments can affect the outcome of your case.
At Michael D. Ettinger & Associates, we defend clients in Palos Heights and throughout all of Chicago, Illinois, against serious federal and state white-collar crime allegations. Contact our Palos Heights criminal defense lawyer at Michael D. Ettinger & Associates at 708-923-0368 to receive a free consultation.
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