WHAT DOES ALL THIS RESEARCH HAVE TO DO WITH WRITING A POLICE PROCEDURAL?
I'm writing Book 4 in the Jack Nolan Detective Series and there is the possibility of a financial crime. I did some research on how detectives can get financial records. I mean, do cops just call and ask nicely? No, there has to be a warrant.
Actually, there's a whole procedure about getting financial records. I cobbled this together from a few searches I did pertaining to getting records from a financial institution. I hope it helps.
HOMICIDE DETECTIVES NEED TO GO FORMALLY BEFORE A JUDGE FOR A WARRANT FOR FINANCIAL RECORDS
Yes, homicide detectives need to formally go before a judge to get a warrant to see financial records. They cannot ask a district attorney to get it informally. This is because financial records are protected by the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. In order to get a warrant, the detectives must show the judge that they have probable cause to believe that the financial records contain evidence of a crime. They must also specify the records they are seeking and the financial institution where they are located.
COMMON PROCEDURE FOR OBTAINING A WARRANT FOR FINANCIAL RECORDS:
The common procedure for obtaining a warrant for financial records is as follows:
- The detectives will file an affidavit with the court, which will state the facts that they believe give them probable cause to believe that the financial records contain evidence of a crime.
- The judge will review the affidavit and decide whether to issue a warrant.
- If the judge issues a warrant, it will be served by a process server or someone from the local Sheriff's office on the financial institution, which will be required to produce the records to the detectives.
ASKING THE DISTRICT ATTORNEY OR PROSECUTOR FOR HELP:
The detectives can also ask the district attorney to help them obtain a warrant for financial records. The district attorney will review the affidavit from a legal perspective and decide whether to file it with the court. If the district attorney does file the affidavit, the judge will still need to review it and decide whether to issue a warrant.
It is important to note that the detectives cannot simply ask the financial institution for the records without a warrant. The financial institution is prohibited from disclosing financial records without a warrant or the consent of the account holder.
The Fourth Amendment requires that warrants be issued by a neutral and detached magistrate, and that they be supported by probable cause. This means that the judge must be convinced that there is a reasonable basis to believe that the financial records contain evidence of a crime. The affidavit that the detectives file with the court must be detailed and specific, and it must support the conclusion that there is probable cause.
If the judge finds that there is probable cause, they will issue a warrant. The warrant will specify the records that the detectives are seeking and the financial institution where they are located. The warrant will also be valid for a certain period of time, and for a specific type or range of records. After the expiration date, the warrant is void.
Once the warrant is issued, it will be served on the financial institution. The financial institution will be required to produce the records to the detectives. The detectives will then be able to review the records and see if they contain any evidence of a crime.
WHO SERVES (DELIVERS) THE WARRANT?
The warrant is served by a law enforcement officer, such as a police officer or a sheriff's deputy. The officer will present the warrant to the financial institution and demand that the records be produced. The financial institution is required to comply with the warrant, and they cannot refuse to produce the records.
In some cases, the warrant may be served by a private process server. A private process server is a person who is not employed by a law enforcement agency, but who is authorized to serve legal documents. However, private process servers are not typically used to serve warrants for financial records.
The person who serves the warrant must be careful to follow the procedures outlined in the warrant. If the warrant is not served properly, the financial institution may not be required to produce the records.
Here are some of the things that the person who serves the warrant must do:
- They must identify themselves as a law enforcement officer or a private
process server. - They must present the warrant to the financial institution.
- They must demand that the records be produced.
- They must keep a record of the service.
- If the financial institution refuses to produce the records, the person who serves the warrant may need to take further action, such as filing a Motion to Compel Production.
LANGUAGE FOR A WARRANT:
Here is a generic warrant form: You never know when you may need some of this verbiage when writing a police procedural.
I, [Your Name], being duly sworn, hereby depose and state:
I am a [Your Title] with the [Your Agency].
I am investigating a potential crime involving [Financial Business Name].
I have probable cause to believe that [Financial Business Name] has engaged in illegal accounting practices.
I believe that the financial records of [Financial Business Name] may contain evidence of this crime.
I request that a warrant be issued for the production of the following financial records:
All account statements for all accounts held by [Financial Business Name]
All transaction records for all accounts held by [Financial Business Name]
All internal accounting records for [Financial Business Name]
I have attached a copy of the financial records that I am requesting .
I declare under penalty of perjury that the foregoing is true and correct.
Dated: [Date]
[Your Signature]
DISCLAIMER:
This affidavit is just a template, and you will need to tailor it to the specific facts of your case. For example, you will need to specify the precise financial records that you are requesting. You will also need to provide more detail about the crime that you are investigating and the probable cause that you have.
Once you have completed the affidavit, you will need to file it with the court. The court will then decide whether to issue a warrant for the financial records.
