Federal or state investigators may search a New York workplace as part of an investigation into fraud, embezzlement or other white-collar crimes. They may look for financial records, emails or computer files that could provide evidence of a crime.
However, a search warrant does not give investigators unlimited power. Knowing your rights can help you respond properly and avoid actions that could create legal problems.
What can investigators search?
Before issuing a search warrant, a judge must find probable cause to believe that investigators will find evidence of a crime.
In white-collar crime investigations, a warrant may allow officers to search for:
- Financial statements, invoices and accounting records
- Business emails and internal messages
- Computers, servers and electronic storage devices
- Contracts, employee files and other business documents
However, investigators must generally stay within the limits of the warrant. For example, permission to search company records does not automatically give officers the right to search an employee’s personal belongings.
Under New York law, a search warrant must identify the place investigators can search and the property they can seize. These details help determine which areas and records officers may examine.
What should employees do?
If investigators arrive at your workplace, stay calm and avoid interfering with their search. You can still take steps to protect your rights.
These steps include:
- Asking to see the warrant and check what it covers
- Contacting a criminal defense attorney as soon as possible
- Avoiding discussing possible criminal activity before seeking legal advice
- Not deleting emails, hiding documents or changing company records
- Asking for a receipt listing any property investigators take.
State law requires officers to generally provide a receipt for property they seize during a search.
Also, a search warrant does not automatically require employees to answer investigators’ questions. Employees can generally refuse voluntary interviews. However, their job duties and other legal requirements may affect their options.
How can employees protect their rights?
A workplace search does not mean investigators suspect every employee of a crime. Still, they may question workers about company finances, business records or certain transactions.
An attorney may review the warrant and explain your rights during the investigation. This guidance may help you understand your legal duties and avoid statements or actions that could affect your case.