Corporate Search Warrant Protocol: Email to Employees
After publishing “Search Warrant Protocol - What Every Company Should Do to Prepare”, I received a number of requests for a sample notice-of-warrant email from a company to its employees. Here you go:
- Our offices are being searched by law enforcement officers. Do not obstruct the search. The officers have a legal right to certain items and documents related to the warrant.
- We are complying with the warrant. You should be cooperative and assist law enforcement in locating relevant files. However, please do not "consent" to any search or sign any documents on behalf of the company.
- For example, if an officer asks where documents are located, feel free to show her. On the other hand, if the officer asks you how the documents were created or what they mean, you are under no obligation to answer. Merely show the officer the documents without comment.
- Please refrain from using social media (Twitter, Facebook, etc.) to disseminate any information about law enforcement’s presence at our Company.
- Any questions from the press should be immediately referred to [ ]. Do not make any statement other than “Please call [ ] about this matter.”
- Law enforcement officers may ask you to answer their questions. It is your choice whether to submit to an interview. You are under no legal obligation to do so; but if you choose to respond, the Company’s lawyers have a right and have requested to be present at any interview with a company employee.
- If you do grant an interview to the investigating officers, anything you say can be used against you in a criminal prosecution or in a civil enforcement proceeding. If you decide to be interviewed please inform the agents of the company’s request for its lawyers to be present.
- If you have any questions or concerns, please contact our Legal Department at (email) or (phone).
Comments (2)
Read through and enter the discussion by using the form at the endL. Goodrick - September 17, 2011 1:27 PM
There has been suggestion that employee’s response procedure to a search warrant should be tested, much like a fire drill. This exercise can offer counsel the ability to analyze the response of employees and verify that employees are prepared to respond to a search warrant. [1]
During the execution of a search warrant, if an employee is asked to show the location of documents outside of internal offices, counsel should be aware of these search locations. Following 9th Circuit precedent, individual Fourth Amendment challenges to the workplace search outside of an employee’s own internal office should consider (1) how the personal property is separated from work material (2) personal control of the item (3) the precaution taken by the individual to secure the area where the officers conducted an unauthorized search. [2]
1. Yannett, Bruce E. (January 1, 1999) ‘We have a warrant to search your facility.’ Directors & Boards.
2. United States v. SDI Future Health, Inc., 568 F.3d 684, 698 (9th Cir. Nev. 2009)
Caroline Schroder - September 20, 2011 4:21 PM
Employees should be warned often that the Company's lawyers are just that, the Company's lawyers not bound to represent individual employees, and that employees should consult their own personal lawyers if they want or fear they need representation. Too many employees, and directors, are confused about this.