Aug. 16, 2022

Quick Hit #1: Understanding Search Warrants

Quick Hit #1: Understanding Search Warrants
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Community Education

In light of the often confusing and conflicting media coverage of the recent FBI search warrant on former President Donald Trump's home at Mar-a-Lago, our subject matter expert, Sergeant Scott, takes us through law enforcement's standard process of obtaining and executing a search warrant under the 4th Amendment. 

Transcript
[shaun]:

all right folks welcome back we're going to do a real quick hit show here today this is shown from three cups talk i am joined yet again by the polish fog

[chris_sherwin]:

hey

[shaun]:

from down

[chris_sherwin]:

hey

[shaun]:

in florida rich uncle chris and the thrifty norwegian is with us from illinois

[chris_sherwin]:

thrifty

[shaun]:

big

[chris_sherwin]:

thrifty

[shaun]:

sargent scott

[scott]:

yeah

[shaun]:

um just again get right to it the banter today is going to be about the news big things going on the pres united states head of sir warrant served on his home and ou know people are really confused

[scott]:

yeah

[shaun]:

about it you know the talking heads you know the talking heads and your social media

[scott]:

ah

[shaun]:

as well are really confused about what warrants are about and you know police operating world all the time and again it's yet another thing that when you hear this is a copy like what are these people talking about

[chris_sherwin]:

right

[shaun]:

we got to realize that most people don't take criminal justice classes most people don't wait into this on the level that we do unfortunately for us chris

[chris_sherwin]:

yes

[shaun]:

we have got a resident expert

[scott]:

yes

[shaun]:

with us at both

[chris_sherwin]:

a smee

[scott]:

who

[shaun]:

the

[chris_sherwin]:

a sma as they say

[scott]:

mesme

[shaun]:

mi

[chris_sherwin]:

a smesme

[shaun]:

mi mi and this and that's

[chris_sherwin]:

oh

[shaun]:

big sargent scott who if you guys don't know is back

[scott]:

yeah

[shaun]:

back store here a little bit i know we've talked about this before on previous shows that he was what we call a t f o which was a task force officer he was assigned to the d

[chris_sherwin]:

yeah

[shaun]:

a and

[scott]:

oh

[shaun]:

he worked with that for years and that gave him access to

[scott]:

i

[shaun]:

both the federal and

[scott]:

no

[shaun]:

the local criminal justice

[scott]:

oh

[shaun]:

state level you

[scott]:

yeah

[shaun]:

know local level county level criminal justice process

[scott]:

yeah

[shaun]:

so he's gonna be our guy talking to us and leading us through you know the warrant process a lot of people just think like the cups like we think okay i want to get a warrant on somebody's home this high level

[scott]:

hm

[shaun]:

of intrusion

[scott]:

right

[shaun]:

of privacy and expectation of privacy and some of the things that go about and people confused oftentimes arrest warrants with search warrants and how on the criminal justice side of that that is really maligned like everything else and some ways people say that criminal justice system

[scott]:

yah

[shaun]:

is being weaponized without real knowing what's going on

[chris_sherwin]:

right

[shaun]:

um and scott's on to take us to it thro

[scott]:

oh

[shaun]:

chris you got anything to add here on the front end from

[chris_sherwin]:

no i just think i just was watching obviously and

[shaun]:

yeah

[chris_sherwin]:

and i know you know i know basically what kind of goes on the search warrants and stuff

[shaun]:

m

[chris_sherwin]:

i was more in the serving the search warrant

[shaun]:

hm

[chris_sherwin]:

then i was writing them and

[shaun]:

oh

[chris_sherwin]:

you know just over the last couple weeks with this whole thing with

[scott]:

m oh

[shaun]:

yeah

[chris_sherwin]:

president rmarelargo

[shaun]:

oh

[chris_sherwin]:

and all the other stuff it's just

[shaun]:

oh

[chris_sherwin]:

i've got a lot of questions and i thought you know what

[shaun]:

ah

[chris_sherwin]:

let's just lay it out there do a

[scott]:

oh

[chris_sherwin]:

quick show let people know what's going on and i'm not

[shaun]:

ah

[chris_sherwin]:

going to get into who what yes know whatever

[shaun]:

yeah

[chris_sherwin]:

i thnourstin just kind

[scott]:

m

[chris_sherwin]:

of lay it out there and kind

[scott]:

oh

[chris_sherwin]:

of discussed some of the things

[shaun]:

m

[chris_sherwin]:

that were going

[shaun]:

yeah

[chris_sherwin]:

to go that would go on in a warrant that's all

[shaun]:

yeah

[scott]:

yeah

[shaun]:

good

[scott]:

i mean

[shaun]:

fortune of working with god

[scott]:

go

[shaun]:

for

[scott]:

ahead

[shaun]:

so many years and he really like early on really

[scott]:

yeah

[shaun]:

coached me through writing them like like you chris i did a lot of you know swat stuff you just are there for the execution of you're not really and

[scott]:

right

[shaun]:

you understand what it's for and things like that but you're really more about the tactics associated with it but scott was really good in educating me and a lot of other guys in our unit and our agency to you know writing it what you've got to do and develop it so scott what you everybody threw how this whole

[scott]:

m

[shaun]:

process starts a z and kind of give it

[chris_sherwin]:

oh

[shaun]:

a you know a lunch pail version

[chris_sherwin]:

yeah

[shaun]:

of that like you're really good

[scott]:

so i mean you know you guys

[shaun]:

yeah

[scott]:

again we're all familiar with doing these from over the years and have been on you know the execution side

[chris_sherwin]:

yeah

[scott]:

as well as the preparation

[shaun]:

yeah

[scott]:

side and the investigation

[shaun]:

m

[scott]:

side because i think that's

[shaun]:

m

[scott]:

one thing you know

[shaun]:

m

[scott]:

i've been listening to all this about the execution of the search warrant and the raid and all this stuff they've been talking at trumps house and you know again it's one of those things when you when you know the business and the ins and outs you have a little bit more insight into

[shaun]:

m

[scott]:

it but you hear what they're saying

[shaun]:

oh

[scott]:

about it and i think there's just a lot of confusion about what is really done with search warrants how they come about and what it really takes to get a seat warrant um so you know

[shaun]:

yeah

[scott]:

just one of the main things

[shaun]:

yeah

[scott]:

is that obviously

[shaun]:

oh

[scott]:

if you're say

[shaun]:

yeah

[scott]:

in this instance because

[shaun]:

ah

[scott]:

we're talking about search warrants on homes you you have to show you have to have an investigation there

[shaun]:

yeah

[scott]:

to be something that is leading up to

[shaun]:

ah

[scott]:

a search warrant you can't just walk

[shaun]:

m

[scott]:

up walk into a states attorney's office walk

[shaun]:

m

[scott]:

into a judge's chambers and say

[shaun]:

m

[scott]:

i want a search warrant for

[shaun]:

m

[scott]:

this person's house or i want a search warrant for this person's vi it's one of the most intrusive things

[shaun]:

m

[scott]:

in our in our legal system

[shaun]:

yeah

[scott]:

in order to be able to do that and a lot of times takes a significant amount

[shaun]:

m

[scott]:

of background and preparation

[shaun]:

m

[scott]:

and investigation

[shaun]:

oh

[scott]:

to even lead to you know getting the okay for a search warrant and then if you are granted a search warrant save for a residence

[chris_sherwin]:

m

[scott]:

are you going what exactly are you going to be able go in there and search for and recover it's not just it just doesn't give you free will to break someone's door

[shaun]:

oh

[scott]:

down and go and spend the next seven hours in their house

[shaun]:

m

[scott]:

rummaging through and turning drawers upside down in their house

[shaun]:

m

[scott]:

and and emptying their closets because you might be looking for one specific thing so that's a big part of it too is that search warrants

[shaun]:

ah

[scott]:

you're targeting specific things

[shaun]:

ah

[scott]:

based on what the crime is so just you know kind of as as an example

[shaun]:

yeah

[scott]:

you know

[shaun]:

oh

[scott]:

i was you know looking over something one that i was involved in not too long ago and

[shaun]:

yah

[scott]:

you know it was it was a money laundering vestigation and so you're talking about like if you're you know what you're going to be doing initially is you're

[shaun]:

yeah

[scott]:

doing an investigation you're you're doing surveillance you're meeting with informants

[shaun]:

m

[scott]:

you're doing variety of different things now when you feel that you've actually gotten to the point where you think you can a search warrant for a residence now you're talking to a states attorney and saying hey this is what we've done up to this point now we feel that we have enough to execute a search warrant on this residence so you're goin to have to write that search warrant and essentially you

[shaun]:

m

[scott]:

initially in that search warrant you're going to

[shaun]:

m

[scott]:

identify who you are you're a police

[shaun]:

m

[scott]:

officer whatever type of law enforcement office

[shaun]:

m oh

[scott]:

it is that you you are

[shaun]:

m

[scott]:

coming to the court in

[shaun]:

oh

[scott]:

order to request a search warrant

[shaun]:

oh

[scott]:

for

[shaun]:

oh

[scott]:

residents you know

[shaun]:

oh

[scott]:

x y z

[shaun]:

oh

[scott]:

and now you not only do

[shaun]:

ah

[scott]:

you have to provide a valid and accurate

[shaun]:

ye

[scott]:

description of the home because

[shaun]:

oh

[scott]:

we've all heard these stories about how search warrants excidentally get

[shaun]:

my

[scott]:

executed wrong resident so just right off the bat you absolutely need to be sure that

[shaun]:

m

[scott]:

you've documented

[shaun]:

ye

[scott]:

the specific address that it's verified where you're going to be executing the search warrant and then your u have to list out what types of violations you you're you're executing that search warnt for is it money laundering is it narcotics is it financial crimes so you have to you can't it's not just throwing out a net and taking anything that you can get it's saying i'm executing this search warrant because i believe the things that i'm going to recover further these criminal charges that i'm looking for like i just listed so you're going to you're going to lay that out where it is that i'm going to do this search warrant what is it what are the criminal offenses that i'm trying to sup port through executing this search warrant and then what they call the two with

[shaun]:

m

[scott]:

the legal jargon

[shaun]:

yeah

[scott]:

some of the legal jargons and that search warn't which essentially means what are those things

[shaun]:

m

[scott]:

that i'm going to be searching for so again it

[chris_sherwin]:

m

[scott]:

has to fit whatever the

[shaun]:

ah

[scott]:

crime is that

[shaun]:

yeah

[scott]:

you're investigating if it's narcotics

[chris_sherwin]:

oh

[shaun]:

m

[scott]:

i'm looking

[shaun]:

oh

[scott]:

for evidence of narcotics

[shaun]:

m

[scott]:

i'm looking for

[shaun]:

m

[scott]:

drugs i'm

[shaun]:

oh

[scott]:

looking for gales i'm

[shaun]:

my

[scott]:

looking for packaging

[shaun]:

oh

[scott]:

i'm looking for possibly firearms if you

[shaun]:

ye

[scott]:

can show that there's firearms tied to that

[shaun]:

oh

[scott]:

your your searching for large amounts of currency maybe electronics and everything is electronics nowadays phone phone sorry cell phones

[shaun]:

yeah

[scott]:

tablets lap tops identification verifying

[shaun]:

m

[scott]:

you know who lives in the house what what just we can prove who's there

[shaun]:

m

[scott]:

who's involved in this case

[shaun]:

yeah

[scott]:

then you might have something you

[shaun]:

my

[scott]:

know you're probably going to have something in there again where you're

[shaun]:

oh

[scott]:

supporting what you're looking for and we talked about this just before we got started as was safe

[shaun]:

yeah

[scott]:

lot of people keep

[shaun]:

yeah

[scott]:

valuable things

[shaun]:

yeah

[scott]:

and things related to

[shaun]:

my

[scott]:

their criminal enterprises

[shaun]:

my

[scott]:

in safes when when they are within their homes so you guys know this from ones that we've done before where sometimes you'll get a judge

[shaun]:

yeah

[scott]:

that will say yes i'll i'll

[shaun]:

m

[scott]:

you can you can search for all

[shaun]:

yeah

[scott]:

these five things but for whatever reason not firearms okay so you can't you

[shaun]:

ah

[scott]:

might find firearms but you can't seize those firearms

[shaun]:

yeah

[scott]:

in that search warn

[chris_sherwin]:

but

[scott]:

or

[chris_sherwin]:

in the

[shaun]:

m

[chris_sherwin]:

same

[scott]:

we've run

[chris_sherwin]:

token

[scott]:

into

[chris_sherwin]:

but in the same token you could be looking for narcotics

[scott]:

okay

[chris_sherwin]:

and there's a safe then you're

[scott]:

ah

[chris_sherwin]:

like

[shaun]:

m

[chris_sherwin]:

well not i should

[shaun]:

oh

[chris_sherwin]:

be in the safe then

[shaun]:

m

[chris_sherwin]:

what happens

[scott]:

so

[shaun]:

m

[scott]:

maybe you if he okays the safe

[shaun]:

m

[scott]:

you know you can hae a couple different situations you could have the safe

[shaun]:

m

[scott]:

and any and all locked containers

[shaun]:

yeah

[scott]:

or you know some type of herbage like that in the search warrant

[shaun]:

m

[scott]:

you have you you're able to

[shaun]:

m

[scott]:

open that search that safe as a as a factor in that search warrant

[shaun]:

my

[scott]:

it might be locked you might

[shaun]:

yes

[scott]:

get the person who is the owner of it you might convince them to give you the access to the code for it you

[shaun]:

m

[scott]:

may have to break it open now one

[shaun]:

oh

[scott]:

of the things you know i was here and from this search warrant in mari

[shaun]:

m

[scott]:

lago was like they had a safe cracker

[shaun]:

m

[scott]:

with them and all this

[chris_sherwin]:

oh

[scott]:

i've never heard

[shaun]:

m

[scott]:

of anything like

[chris_sherwin]:

uh

[scott]:

that i mean you know

[shaun]:

yeah

[scott]:

and

[chris_sherwin]:

yeah

[scott]:

i don't know what

[chris_sherwin]:

right

[shaun]:

oh

[scott]:

confirmation we had from that it

[shaun]:

oh

[scott]:

sounded a little

[chris_sherwin]:

m

[scott]:

sounded

[shaun]:

m

[scott]:

a little t v o no kind of made up kind

[shaun]:

m

[scott]:

of thing

[chris_sherwin]:

right

[scott]:

and maybe it's embellished a little

[shaun]:

oh

[scott]:

bit but yes do we have tools that we

[shaun]:

oh

[scott]:

can use the break safes open if we need to

[chris_sherwin]:

yeah

[scott]:

certainly and you may or may not that might

[shaun]:

oh

[scott]:

be something that you're doing on scene but it might also be doing something that you're taking

[shaun]:

oh

[scott]:

that safe with you and then you're going to be open

[chris_sherwin]:

yeah

[scott]:

your go bring it back to your police station or your jail whatever and you're going to open it there now one thing

[shaun]:

oh

[scott]:

i also tis that i kept hearing over and over again was

[shaun]:

m

[scott]:

oh they took boxes and boxes

[shaun]:

ah

[scott]:

of documents and you don't know everything that

[shaun]:

yeah

[scott]:

was in all of those boxes of documents well correct but they did

[shaun]:

m

[scott]:

also provide property receipts when when you're

[shaun]:

yeah

[scott]:

taking those things out of house there's going to be there's goin a be

[shaun]:

oh

[scott]:

an inventory of what those things are that you take from the house you that might be accurate they might have found

[shaun]:

m

[scott]:

five boxes of of whatever you know this sensitive the

[shaun]:

m

[scott]:

sensitive documents were that they were looking

[shaun]:

m

[scott]:

for but do you have the time to sit there and

[shaun]:

my

[scott]:

thumb through all of that while you're on scene at this search no you can't stay

[shaun]:

my

[scott]:

in this house for just

[shaun]:

m

[scott]:

an extended period of time and spend the next twenty four hours

[shaun]:

m

[scott]:

going through all this stuff you're going to seize documents that you can

[shaun]:

m

[scott]:

reasonably say

[shaun]:

yeah

[scott]:

um it would be related to this execution

[shaun]:

yeah

[scott]:

of this search worn and there may be things that you wind up turning back over to later date i mean that

[shaun]:

m

[scott]:

that happens with a variety of different types of property so i think just the way you were hearing

[shaun]:

m

[scott]:

some of those things i think either you know is maybe that didn't

[shaun]:

yeah

[scott]:

people weren't giving a hundred percent accurate

[shaun]:

my

[scott]:

account of what they were doing with that stuff or just again not providing some

[shaun]:

yeah

[scott]:

explanation as to

[shaun]:

m

[scott]:

why you take those things

[chris_sherwin]:

ah

[scott]:

so

[shaun]:

this but

[scott]:

once

[shaun]:

this

[scott]:

you've

[shaun]:

goes

[scott]:

moved

[shaun]:

back

[scott]:

through

[shaun]:

to

[scott]:

you know

[shaun]:

real

[chris_sherwin]:

yeah

[shaun]:

quick

[scott]:

oh

[shaun]:

if i could go this goes back to the idea that people don't even understand the constitution that they're governed

[chris_sherwin]:

m

[shaun]:

by

[scott]:

yeah

[shaun]:

the fourth amendment clearly states things that just

[scott]:

yeah

[shaun]:

said scott's the and when he shows before a judge or he brings somebody with him that's an afin that's

[scott]:

yeah

[shaun]:

about to do an affidavid that's basically a written document that they sign and they swear by so no as the fourth ment reads the text of this it talks about warrant so no warrant shall be issued except upon probable cause being established which is what scott talked about you build this case and is called building probable cause

[chris_sherwin]:

yeah

[shaun]:

proof beyond

[scott]:

oh

[shaun]:

a reasonable doubt that somethin like this happens that proof you know that this is going to be a conviction it's just proof that we're trying to establish the fact that a crime has occurred and it comes from a lot of different sources so

[chris_sherwin]:

you're trying to you're trying you're trying to further evidentiary

[shaun]:

right

[scott]:

yeah

[shaun]:

right

[chris_sherwin]:

evaluation of the case

[shaun]:

and it takes time you just can't well go say judge i think that guy's doing drug because i stopped him on the traffic stuff he's got weak n s car he must have eakinhis house i need a search warnt the judge is gonna say you now you're going to need more than that you're goin t need way more than that like

[scott]:

right

[shaun]:

you're

[chris_sherwin]:

right

[scott]:

right

[shaun]:

going to have to get somebody to

[scott]:

oh

[shaun]:

come forward and say i've seen numerous times

[scott]:

a

[shaun]:

this is where he keeps his heaps

[scott]:

oh

[shaun]:

in a very specific places keeps it under his bed in his bedroom in this location all those things very specific things have to be listed at this house at this location this house looks like this which is located this way facing this direction things along those ins and cops still sometimes go to the wrong place and i got to be one with you i'm just talking for my own we've done i don't know i've been involved in dozens upon dozens of search more whether be as a operator operator drug officer or a cop work in the street they ask to help with that it was a case you developed with if you're hitting the wrong house literally your it in the wrong house with the rong residence you're kind of like really just reckless because

[chris_sherwin]:

right

[shaun]:

by the time you get in

[scott]:

oh

[shaun]:

front

[scott]:

yeah

[shaun]:

of the judge

[scott]:

yeah

[shaun]:

the judge is going to ake an assumption as a cop you could tell apartment

[chris_sherwin]:

m

[shaun]:

a from apartment b right he's not going to ask you like if he has to ask you he's probably

[chris_sherwin]:

m

[shaun]:

already doubtful as to whether you're doing a good job of establishing

[chris_sherwin]:

yeah

[shaun]:

the probable cause together but that's all being said scott

[scott]:

oh

[shaun]:

just talked about stuff that you can read yourself and go did this happen or not these things you can they say they fished for a judge on this any judge that hated trump would have allowed this to happen judges are still reputable people just like cops should

[chris_sherwin]:

right

[shaun]:

be and because a judge has a certain political opinion doesn't mean that the judge can't separate himself or herself from that when it comes to doing the job and saying yeah either you got something or you don't people are going to say you're not eve ferguson for saying that but look man i'm sorry i seen this stuff first hand i've seen it like whatever i've been led out by j i jest i've watched other officers get called out by judges judges like go you need more or okay you're good to go i got this whatever at the end of the

[chris_sherwin]:

right

[shaun]:

day you know it's up to the cop doing a good job on the front end with it so you know he's talking about things that are very specific like

[scott]:

yeah

[shaun]:

you can't ask for guns if there was no indication that guns

[chris_sherwin]:

yah

[shaun]:

were being used you

[chris_sherwin]:

h

[shaun]:

have a right to own a gun this is a gain yet again and the other one we talked about with the abortion episode where we said well why did we not pay attention to the one

[scott]:

why

[shaun]:

about the new york versus the n r a well now there's a lot of supreme court rulings that say you can't just automatically assume just because narcotics and drugs and guns go together you have to have proof of that so you can't just like and we're also looking for kiddy point in this well

[scott]:

we're

[shaun]:

what

[scott]:

all

[shaun]:

is kiddypornt after this it's illegal and if you see it in plain view you can deal with it but i'm not goin to low you to put that in a warant to search things that might contain that and judges will tell you that all the time states it he's at least in illinois wouldn't ven let it get past that point the judge wouldn't even let it they wouldnt ven get in front of a judge like that so scot brings up some good points that we should all probably all know as american citizens that we kind of just go why do i got to worry about that i'll just so i'm talking out on the news like convinced me that these bad things happened

[chris_sherwin]:

right

[shaun]:

what i'm saying

[scott]:

and that's and that's yeah and you cover that last bit i mean you go

[shaun]:

m

[scott]:

through this

[shaun]:

m

[scott]:

the final the final um part of that is just the volumes and volumes of probable cause that you have

[shaun]:

yeah

[scott]:

to put in that so you i broke down the first couple parts and again you talk about hey this

[chris_sherwin]:

yeah

[scott]:

is who i am this is what laws i believe are being broken

[shaun]:

m

[scott]:

this is what i'm looking to search for

[shaun]:

ye

[scott]:

and

[chris_sherwin]:

oh

[scott]:

sees based on this search warrant and then

[shaun]:

yeah

[scott]:

pages sometimes pages and pages of probable call

[shaun]:

m

[scott]:

is the whole history of this investigation of why it

[shaun]:

m

[scott]:

is that you are

[shaun]:

yeah

[scott]:

that the courts are

[shaun]:

yeah

[scott]:

authorizing you to go in and make this entry

[shaun]:

yah

[scott]:

into people's homes and not only just the probable cause

[shaun]:

m

[scott]:

all the search warrants that i've ever done in

[shaun]:

m

[scott]:

typically in the area where we've worked you

[shaun]:

yeah

[scott]:

also had to put a paragraph in there just about yourself

[shaun]:

ah

[scott]:

i've been a police officer for this long i've worked this many types of investigations i've done this many search it's it's

[shaun]:

oh

[scott]:

it's really about even the

[shaun]:

yeah

[scott]:

the officer

[shaun]:

oh

[scott]:

who's writing the search warrant

[chris_sherwin]:

right

[scott]:

who's bringing this

[shaun]:

yeah

[scott]:

and their knowledge and experience factors into that

[shaun]:

yeah

[scott]:

as well

[chris_sherwin]:

right and

[shaun]:

yeah

[chris_sherwin]:

i think what we want

[shaun]:

yeah

[chris_sherwin]:

to get across everybody they're listening is that you know

[shaun]:

oh

[chris_sherwin]:

you hear the stuff that you know you know like chan said they fish

[shaun]:

ah

[chris_sherwin]:

for you know a judge

[shaun]:

m

[chris_sherwin]:

and blah blah blah

[shaun]:

yeah

[chris_sherwin]:

but i think what people have to realize

[shaun]:

oh

[chris_sherwin]:

is number one a judge has to have probable cause

[scott]:

yeah

[chris_sherwin]:

and he's got to have a lot of stuff in there before he or she will sign that warrant

[shaun]:

oh

[chris_sherwin]:

and whatever it is and i didn't you know and you're hearing on the news that well it was just somebody that said that they well i'd have to believe it's going to be more than that before federal judge puts you know his signature on the warrant but you know again

[shaun]:

this early on in the process the warrant being served it's not goin to be out there under fa request that people can read and see and by the time that's doableand people if the drama is all out of it nobody wants to show that to you from the media anyway here's what it's said here why t said what it said because scott correct me if i'm wrong like generally you're looking at if you're pushing ninety six hours after a warrant is signed usually you got to go back

[chris_sherwin]:

m

[shaun]:

up and what they call is either freshen it up or dump the warrant and get a whole new one if you don't execute that search warrant by a certain amount time generally the time to execute the search warrant is

[chris_sherwin]:

yes

[shaun]:

way way shorter

[chris_sherwin]:

right

[shaun]:

as it should be than the investigation led up to it and then within a certain amount of time after the search warrant is executed you have to go back to the court or the judge that issued it and say here's what we found and if the judge sees repeatedly that you keep coming back and saying we didn't get anything out of this the judge is going to be like wait a minute what kind of cases are you investigate at every time i issue a search warn't to invade somebody's privacy of their home that you never provide any results of the proof because that's the other thing

[scott]:

right

[shaun]:

you're like nothing was in the safe

[chris_sherwin]:

right

[shaun]:

nothing has that happened

[scott]:

yeah

[shaun]:

before in me on cases

[scott]:

and

[shaun]:

yeah absolutely

[scott]:

yeah

[shaun]:

you

[chris_sherwin]:

sure

[shaun]:

get there you think it's the case

[scott]:

yeah

[shaun]:

the guy is dry on his drugs he sold them all off he got tipped off you

[chris_sherwin]:

oh

[shaun]:

executed and you're like ship we came up with nothing and the bosses are like you know basically w

[scott]:

yeah

[shaun]:

t f like what are you doing you know what

[chris_sherwin]:

all

[shaun]:

i mean

[chris_sherwin]:

right

[shaun]:

because

[scott]:

and

[shaun]:

we

[scott]:

you

[shaun]:

just

[scott]:

have

[shaun]:

invaded

[scott]:

to go back

[shaun]:

somebody's

[scott]:

with

[shaun]:

privacy

[scott]:

that yeah and you have to go back that's one final

[shaun]:

m

[scott]:

piece to this is you have to go back with an inventory that you have

[shaun]:

m

[scott]:

to go back to the court with the inventory and

[chris_sherwin]:

m

[scott]:

say here is all the things that we seized as a result of this search you have to

[shaun]:

ah

[scott]:

go back and be able to show that and

[shaun]:

and

[scott]:

one quick last little thing i want to i want to touch on that

[shaun]:

yeah

[scott]:

i just was thinking about when we're talking real quick

[shaun]:

my

[scott]:

is that you

[shaun]:

oh

[scott]:

also have to eve a copy of the search warrant there for

[shaun]:

m

[scott]:

at the residence where you execute the search warrant

[shaun]:

m

[scott]:

but now what people don't maybe

[chris_sherwin]:

m

[scott]:

understand is that that search warrant

[chris_sherwin]:

yeah

[scott]:

the copy of the search warrant that you're leaving

[shaun]:

m

[scott]:

there is

[shaun]:

m

[scott]:

just

[shaun]:

yeah

[scott]:

basically the the judge okaying the

[chris_sherwin]:

yeah

[scott]:

search warrant for this

[shaun]:

yeah

[scott]:

premises is on this date in

[shaun]:

yeah

[scott]:

this time it does not have all of that it is not the full

[shaun]:

m

[scott]:

search warrant with all the background

[shaun]:

m

[scott]:

all the probable cause of the entire case

[shaun]:

right

[scott]:

in it so that's that's just a thing that may be people you know i just something i wanted to mention that yes you have to leave something

[shaun]:

yeah

[scott]:

there showing proof of the execution

[shaun]:

m

[scott]:

of the search warn't but that document that you

[shaun]:

yeah

[scott]:

leave at the where you execute it is not going to

[shaun]:

yeah

[scott]:

contain all of the information your entire

[shaun]:

oh

[scott]:

you know case background that's in the actual search work

[chris_sherwin]:

right

[shaun]:

oh

[chris_sherwin]:

now one of the last things i want to cover before we wrap up this quick hit here

[shaun]:

m

[chris_sherwin]:

is the fact that i just read an article that

[shaun]:

m

[chris_sherwin]:

the f b i allegedly took the trumps donald and whoever

[shaun]:

m

[chris_sherwin]:

was their president trump milena

[shaun]:

m

[chris_sherwin]:

malania

[shaun]:

yeah

[chris_sherwin]:

all of them they took

[scott]:

a

[chris_sherwin]:

their

[shaun]:

m

[chris_sherwin]:

passports now i don't gain i don't know whether it's true or not and i don't want to speculate

[shaun]:

m

[chris_sherwin]:

that

[shaun]:

m

[chris_sherwin]:

let's just say

[shaun]:

oh

[chris_sherwin]:

that has got nothing to do with the case

[shaun]:

m

[chris_sherwin]:

and again we didn't read the case what they had on

[shaun]:

m

[chris_sherwin]:

the whole case we don't know

[shaun]:

m

[chris_sherwin]:

any that let's just say for

[shaun]:

my

[chris_sherwin]:

an argument that they took that and it has nothing

[shaun]:

m

[chris_sherwin]:

that is the case does that negate the case the warrant

[shaun]:

m

[chris_sherwin]:

or what

[scott]:

yeah i would just say that you're going to have to have justification

[shaun]:

m

[scott]:

for why that

[shaun]:

m

[scott]:

is that you're taking that and if you don't you're going to have to return it

[shaun]:

yeah

[scott]:

i mean the

[chris_sherwin]:

okay

[scott]:

only thing

[shaun]:

yeah

[scott]:

that i could think of you know the only reason i could think that maybe you would be doing that

[shaun]:

m

[scott]:

is yeah

[shaun]:

oh

[scott]:

you're you're

[shaun]:

ah

[scott]:

anticipating somebody you know leaving the country or

[shaun]:

flight

[scott]:

doing

[shaun]:

risk

[scott]:

something

[shaun]:

i

[scott]:

along

[shaun]:

would say

[scott]:

those

[chris_sherwin]:

yeah

[shaun]:

the onlything

[scott]:

ones

[chris_sherwin]:

well

[shaun]:

is

[scott]:

you

[shaun]:

a

[chris_sherwin]:

well

[scott]:

know

[shaun]:

flight risk

[chris_sherwin]:

but

[scott]:

because like

[chris_sherwin]:

the whole

[scott]:

you

[chris_sherwin]:

article

[scott]:

know the

[chris_sherwin]:

is

[scott]:

identithright

[chris_sherwin]:

an effect the whole article is on the fact

[shaun]:

m

[chris_sherwin]:

that you know if this is found to

[shaun]:

yeah

[chris_sherwin]:

be that they did take this let's

[shaun]:

m

[chris_sherwin]:

just say they took it in air that it's gonna

[shaun]:

yeah

[chris_sherwin]:

it's a total violation of the fourth amendment writing is

[shaun]:

oh

[chris_sherwin]:

gonna negate the

[scott]:

yeah

[chris_sherwin]:

whole case i don't think that that's

[shaun]:

m

[chris_sherwin]:

i think like you said they just have

[shaun]:

m

[chris_sherwin]:

to return it but i'm not a hundred percent

[shaun]:

m

[chris_sherwin]:

sure

[scott]:

yeah yeah

[shaun]:

yeah

[scott]:

i don't think that i mean i don't think i don't i can't

[shaun]:

oh

[scott]:

even think of a time where we had even done anything and

[shaun]:

yeah

[scott]:

taken

[chris_sherwin]:

right

[scott]:

like something you know like a passport that seems like a

[shaun]:

m

[scott]:

strange thing you know to take but again not knowing all the ins and

[shaun]:

m

[scott]:

outs of whatever the basis is of this search warrant but

[shaun]:

m

[scott]:

it

[chris_sherwin]:

m

[scott]:

goes back to

[shaun]:

yah

[scott]:

the if you take things and it turns out that they're not related to

[shaun]:

m yeah

[scott]:

are not related to what you're trying to do to further this case you're gonna you're gonna

[shaun]:

m

[scott]:

have to return it is it going to throw the whole case out i don't think so

[shaun]:

m

[scott]:

unless it was

[shaun]:

ah

[scott]:

just done i mean like

[shaun]:

my

[scott]:

um

[shaun]:

m

[scott]:

m maliciously intentionally

[chris_sherwin]:

right

[scott]:

yeah

[chris_sherwin]:

right

[scott]:

that could certainly have some

[shaun]:

m

[scott]:

impact on it but if it was just done and again it's the feds it

[shaun]:

yeah

[scott]:

might be a little bit different seems

[shaun]:

oh

[scott]:

seems like an

[shaun]:

oh

[scott]:

odd thing to do but

[chris_sherwin]:

right

[scott]:

i don't think it's going to destroy the whole case either way

[chris_sherwin]:

right okay all

[shaun]:

well

[chris_sherwin]:

right

[shaun]:

as usual please pay attention and and use cooler heads and comrads and realize there's a lot of people out there and there's a there's a whole

[scott]:

oh

[chris_sherwin]:

my

[shaun]:

industry based upon false

[chris_sherwin]:

oh

[shaun]:

information and it's not just because trump says it's fake news or somebody else on the other side says it's fake news it's literally fake news like you don't know what's going on

[chris_sherwin]:

right

[scott]:

what

[shaun]:

because there's no way to possibly know this because of the estigation that's happening and stop undermining the entire process because people what we want to understand is that when this happens at the level that it's happening in the present united states whether it's just or not it now undermines everyone in the process and when officers are now

[scott]:

ah

[shaun]:

trying to do this for good reason people are now ginned up

[scott]:

no

[shaun]:

about it and will use a lot more violence against the police

[scott]:

yeah

[shaun]:

will do things that some people think you're justified at this point but at the end of the days cops are geting killed shown up domestics without warrants you know you're there to execute a search warn on someone and they feel it's unjust you know it can lead to a lot of bad things so there is a process it's best to understand it's got did a great job of explaining a lot of it to us from his

[chris_sherwin]:

thanks

[shaun]:

practical

[chris_sherwin]:

serge

[shaun]:

perience

[chris_sherwin]:

nice job bro

[shaun]:

and

[scott]:

he

[shaun]:

we can't thank him enough and you know he he he just got back from one of

[chris_sherwin]:

oh

[shaun]:

his many trips

[scott]:

oh

[shaun]:

with the u halls but again

[chris_sherwin]:

you all you all's got a sponsor the show bro

[shaun]:

yeah there

[chris_sherwin]:

you

[shaun]:

you

[chris_sherwin]:

all

[shaun]:

go right

[chris_sherwin]:

liquid

[scott]:

right

[shaun]:

right

[chris_sherwin]:

death

[shaun]:

right right

[chris_sherwin]:

seriously

[shaun]:

i don't think they

[scott]:

just

[shaun]:

like my

[scott]:

put

[shaun]:

idea

[scott]:

our logo

[shaun]:

s

[scott]:

on the side

[shaun]:

right right right

[scott]:

oh

[shaun]:

so chris take us all and

[chris_sherwin]:

so

[shaun]:

well you know we'll see next time

[chris_sherwin]:

thanks everybody

[shaun]:

yeah

[chris_sherwin]:

and we plan to do a lot more of these quick hit

[shaun]:

m

[chris_sherwin]:

type of things just to kind of keep you

[shaun]:

oh

[chris_sherwin]:

informed and up to date so we can you all be better informed

[shaun]:

oh

[chris_sherwin]:

if you have any questions concerns please

[shaun]:

yeah

[chris_sherwin]:

go to the web leave an email and please please help us spread the word

[shaun]:

oh

[chris_sherwin]:

and by doing that you can help us by

[shaun]:

m

[chris_sherwin]:

doing

[shaun]:

oh

[chris_sherwin]:

downloading it leaving

[shaun]:

yeah

[chris_sherwin]:

subscribing to

[shaun]:

oh

[chris_sherwin]:

it leaving a rating and review for

[shaun]:

m

[chris_sherwin]:

us and

[shaun]:

oh

[chris_sherwin]:

getting the word of all people everybody listen thanks all by by

[scott]:

yep

[shaun]:

but

[chris_sherwin]:

yeah