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Use of the Search Warrant in the Investigation of White-Collar Crime - Operational Guide to White-Collar Crime Enforcement

NCJ Number
83388
Author(s)
M M Mustokoff
Date Published
1981
Length
52 pages
Annotation
This procedural manual highlights technical and practical considerations in the use of search warrants for investigating white-collar crimes.
Abstract
Reasons discussed for using a search warrant in the investigation of a white-collar crime include (1) the element of surprise, (2) observation of the business operation and environment under suspicion, (3) the opportunity to converse with persons who may become suspects, (4) legal considerations (avoidance of delay, protection of third-party interests, and the production of financial records that may not be compelled by subpoena), and (5) routine seizures of evidence prior to arrest. Topics considered in discussing when to obtain a search warrant are the establishment of probable cause (how the information came to be known, description of the property to be seized), sample warrants (fraudulent business establishment, seizure of a specific item, and counterfeit labels), investigative considerations in the use of search warrants (effect on the target, coconspirators, and friendly witnesses and problems resulting from quantity of information), and legal considerations (attachments to the search warrant and the use and limitations of administrative search warrants). Who should execute the warrant, postexecution considerations, and further considerations and problems unique to economic crime investigation are discussed in the section on executing search warrants in the investigation of white-collar crime. Appended are a search warrant checklist and sample search warrants. Nine footnotes are listed.