What to do in the first hour, and what not to say in it.
Esshaki Legal Media TeamCurrent as of February 2026
Execution of a search warrant at a business is disruptive and consequential.
Having a written protocol, distributed in advance, is the difference between a
managed event and a chaotic one.
Do not obstruct. Do not conceal, destroy or move anything. Do not
misrepresent what exists or where it is. Physical interference and false
statements convert a document seizure into a personal charge.
Ask for and read the warrant. Note the issuing court, the premises
described, the categories of items authorized and any time limits. Request a
copy. Note the lead agent’s name and contact details.
Call counsel immediately. Counsel can often reach the prosecutor and
negotiate the scope of what is imaged, particularly for servers and email, and
can arrange for privileged material to be segregated.
Employees. Staff should be told they may speak with agents if they choose,
and may decline, and may have counsel present. Neither instructing them to
refuse nor pressuring them to cooperate is safe. Send them home if practical.
Document. Assign someone to observe and record what areas are searched and
what is taken. Obtain the inventory receipt.
Privilege. Assert it clearly for legal files and ask that they be segregated
for a filter review. Do not physically resist seizure.
Afterwards. Preserve everything, restrict internal discussion, and consider
notification obligations under contracts and insurance.