Reader’s Corner

By Brett A. Purtzer; June 1999

     Recently, one of our readers submitted the question of what should a person do if confronted with that unfortunate situation of having the police or federal agents arrive at your door at 5:00 a.m. with a search warrant.  The concern that the reader expressed is that if you question the officers about the warrant, you might risk serious physical harm to your person because of the perception that you are confronting the police officers.  Given the recent reports of some police officers’ actions across the nation, these concerns appear to be valid. 

     As we know, CrR 2.3 deals with search warrants.  In particular, CrR 2.3(d) states as follows:

       The peace officer taking property under the warrant shall give to the person from whose premises the property is taken a copy of the warrant and a receipt for the property taken. 

     Accordingly, the individual whose house or business is being searched shall have an opportunity to look at the warrant.  The rule goes  on to say that when the receipt of property is prepared, it is to contain a written inventory of the property taken and shall be made in the presence of the person from whose possession or premises the property was taken if that person is present at the time of the execution of the warrant.  Accordingly, these are the rights a person has when faced with the unfortunate circumstance of having a warrant served at his or her residence or place of business. 

     A word to the wise, however, is that when advising our clients about how to react if the police arrive with a warrant, the client should not risk physical harm in order to invoke the above-referenced rule.  If there is a problem with the warrant it can be challenged later in court.  Given that discretion may be the better part of valor under these circumstances, it may be more prudent to not hinder law enforcement individuals or give the appearance of hindering those individuals at the time that they are executing the warrant.  Rather, the client should, as best as possible, document the officers’ actions and then photograph or videotape the scene after the officers leave if the officers are abusive during the search.

     We welcome questions from all of our readers and if anyone has any questions please address them to Just News at 1008 South Yakima Avenue, Suite 302, Tacoma, Washington, 98405.