In recent years, state and federal law enforcement agencies continue to increase their investigation and prosecution of white collar crime, particularly relating to the securities and healthcare industries. The search warrant has become a regular method used by authorities to obtain evidence. Law enforcement officers executing a warrant typically arrive at corporate offices with no prior notice, armed with a search warrant that entitles them to seize original business records, including computer records.

Despite the possibility of having law enforcement officers arrive in the administrative suite with a search warrant in hand, most business executives and officers lack the training and preparation to deal effectively with a search warrant. As a result, important opportunities to minimize potential criminal or civil liability are missed. In fact, the most valuable evidence gathered during many searches is obtained as a result of the unknowing waiver of important rights by managers and employees. Unless immediately asserted when a search warrant is presented, these rights can be permanently waived and can have a lasting impact on the disposition of the matter.

The purpose of this Client Alert is to inform our clients of the basic principles that should govern their preparation for, and response to, the presentation of a search warrant at any of their facilities.