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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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6-4 - SEARCH WARRANTS

6-4 - SEARCH WARRANTS
      6-4-1 - Purpose
      6-4-2 - Search Warrants
      6-4-3 - Procedures

  6-4 - SEARCH WARRANTS

  6-4-1 - Purpose

To discuss the procedures for obtaining search warrants. Inspection warrants are discussed in section 6-3.

  6-4-2 - Search Warrants

Search warrants are effective tools for obtaining evidence of criminal conduct, and for seizing contraband or the fruits of a crime, property that has been or is intended to be used in the commission of a crime, or the arrest of persons based upon probable cause. See Rule 41, Federal Rules of Criminal Procedure. Also, see U.S. Attorneys' Manual (www.usdoj.gov/usao/eousa/foia_reading_room/usam/index.html). Criminal search warrants are particularly useful when there is reason to believe that relevant evidence may be hidden or destroyed.

  6-4-3 - Procedures

The Office of Criminal Investigations (OCI) is responsible for reviewing all matters in FDA for which a criminal investigation is recommended, and is the focal point for all criminal matters. District management must communicate with its local OCI office, as instructed in "Office of Criminal Investigations" below, before pursuing a criminal search warrant.