Search Warrant Compliance & Reimbursement

[james_hb]

What is the name of your state? FL

This warrant is being served from US District Court in Peoria, IL.

My small business has been served with a search warrant for electronic information and records. There are two issues that I have with the warrant.

First, it looks like the FBI/US Marshals have little intention of actaully coming to our facility to inspect our computer systems for the information. Rather they are looking to us to provide the records they are seeking. Is it possible to seek reimbursement for costs associated with providing this information and otherwise complying with the warrant?

The second issue is that the warrant includes “bad” information that incorrectly identifies our company as the holder of specific “email servers.” It is public record that these servers are held, owned, and administered by another party. We simply don’t have them or access to them to provide the information that is needed. Should I contact the judge before I do anything else and let him know of the error? I did read several court rullings that indicated that the government was financially responsible for doing searches based on false information in the warrant.

Thanks,
James

 

[stephenk]

what does your company attorney say about the warrant?

 

[james_hb]

what does your company attorney say about the warrant?

The only attorney we've needed in the past handles intellectual property issues. I wasn't going to bother him with this and I thought that I might be able to handle this issue without the direct assistance of an attorney.

I found the contact information for the judge that issued the warrant and faxed him some information proving the invalidity of the claims within the warrant (or made to obtain it). I never heard back from him, but when I talked to the FBI agent handling the case later in the day, he thanked me for my time and indicated he understood that I did not have the information he needed.

I guess this issue is closed.

Thanks,
James