This manual discusses traditional and financial search warrants, emphasizing how financial search warrants can be crafted to obtain financial information about a suspect.
Requirements for obtaining traditional search warrants are reviewed, along with 12 significant elements of a well-drafted search warrant. Additionally, problems in the execution of search warrants are discussed, with emphasis on such matters as timeliness, fifth amendment considerations, and law office searches. An appendix to the manual points out that the financial search warrant differs from the traditional search warrant because the affiant must rely on his or her financial expertise, experience, and training to form conclusions. Affidavits supporting financial search warrants, which are used in investigations of large-scale drug traffickers, must contain the following elements: the affiant's experience, a detailed account of the criminal activity, a description of the places to be searched, financial evidence, and items to be seized. Such additional elements as informant statements, corroborating evidence from third parties, surveillance, arrests, and seizures are also discussed. Examples of how to draft statements detailing property to be seized that is drug-related and tax-related are also included. A well-drafted financial search warrant is critical since the affiant should insure that records seized do not go beyond the scope of the search warrant. Table of cases included. 57 footnotes.