Hearsay information is information that is not known first-hand by the person putting forth the information. This type of information may be gathered through direct observation of an event or direct testimony of someone who was apart of an event. Direct Informationĭirect information is information that does not require further inference in order to prove that is correct. Preliminary evidence can be gathered through either direct or hearsay information. Probable Cause is based on preliminary evidence, retained by the FBI, of a crime (past, present or future) or that a person has additional information about a crime. It is not a strict rule – a law enforcement agent must only have a “reasonable suspicion” of crime to be granted a search warrant. Probable cause is the “substantial chance” or “fair probability” that a crime has taken or is taking place. This takes away both the surprise element and mass gathering of information ability of the FBI during a raid.įor many reasons, in certain cases, the FBI can prefer a raid over having a subpoena issued in order to keep the element of surprise and to get a totality of information rather than curated snippets. A subpoena allows for the person to whom it is sent to gather and decide on their own what information is important to the FBI’s investigation. The magistrate must be a neutral and detached third party from the investigation and case, if the matter goes on to trial.Īlternatively, the FBI may request a subpoena from a grand jury. If the magistrate decides there is probable cause a search warrant will be issued that narrowly describes the place to be searched and the persons or things that may be seized. The judge will then decide if there is sufficient information to issue a search warrant. If the FBI believes there is probable cause they will present it to a magistrate (a judge). In order to obtain a valid search warrant, the FBI must have probable cause. If you, or your business or organization, have been the subject of an FBI raid, or think that you could become the subject of one, contact a federal defense lawyer at the Blanch Law Firm at (212) 736-3900 for a free legal consultation. (4) What you should do following an FBI raid. (3) What to do if you are the subject of an FBI raid and (2) What a search warrant allows the FBI to actually search during a raid (1) What is necessary for the FBI to acquire a proper search warrant In order to conduct a raid, the FBI must have a search warrant. Often, as part of their investigations, the FBI will conduct what is typically known as a “raid.” A “raid” is a search of the residence, office, or otherwise private area of any person that is believed to have information relating to a crime and could result in the seizure of anything to be considered “evidence.” The FBI has the power to investigate all federal crimes, including: The FBI has federal jurisdiction as an agency under the United States Department of Justice and reports to both the Office of the Attorney General and the Director of National Intelligence. The Federal Bureau of Investigation (FBI) is the law enforcement agency of the United States federal government. Our lawyers focus on federal crimes and other government investigations, like FBI raids. Federal Bureau of Investigation (FBI) Raids
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