Corporate Search Warrant Protocol: Email to Employees

email key.jpgAfter 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.” FBI cornerstone.jpg
  • 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).
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About the Editor
Hayes Hunt concentrates his practice in the representation of individuals, corporations and executives in a wide variety of federal and state criminal law and regulatory enforcement matters as well as complex civil litigation. Hayes is a partner in the firm's Commercial Litigation Department as well as its Criminal Defense and Governmental Investigations Group.
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