Law & Order

Op-Ed: The Search of Giuliani’s Home May Have Broken the Law

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On Wednesday morning, federal authorities executed a search warrant at the Manhattan apartment on Madison Avenue owned and occupied by former New York Mayor Rudy Giuliani. Authorities also executed a warrant to search Mr. Giulian’s Park Avenue office at the same time.

Whether the search itself was legal would depend on the exact nature of the facts that, at this point, are simply speculation. But the first thing that jumps out is that while it isn’t illegal for prosecutors to execute a warrant to search the office and personal home of a high-profile lawyer, it is highly unusual.

We all might remember a similarly unusual case a few years ago in Manhattan — that of former President Trump’s other personal lawyer, Michael Cohen. For those interested in a deeper dive into the events surrounding the Cohen search and seizure, here is an excellent episode of a legal podcast.

As regards searches and seizures, the Fourth Amendment clearly states that:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

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