CBS 2 Legal Analyst Irv Miller on Mar-a-Lago search: an arrest warrant doesn't necessarily follow a search warrant

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CBS 2 Legal Analyst Irv Miller on Mar-a-Lago search: an arrest warrant doesn't necessarily follow a search warrant
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'Getting a search warrant is the first step toward gathering evidence,' Miller said. 'There might not be any crime committed and the document just sits in a file and that's the end of the story.'

-- The federal government is investigating former President Donald Trump for potential violation of three criminal statutes, including the Espionage Act, according to the unsealed the FBI seizedBut CBS 2 Legal Analyst Irv Miller emphasized Friday that a search warrant is very different from an arrest warrant – and searches are not necessarily a predictor of potential future charges.

Miller said in his years as a prosecutor, he helped draft hundreds, if not thousands, of search warrants. The majority, he said, did not result in a charge being filed."They were concerned that the document possession by the former president was a violation of federal law," he said. The FBI also seized handwritten notes, two photo binders, information about the President of France, and a document about the pardoning of Trump ally Roger Stone.

"It depends if he's charged," he said."If he's not charged with anything, then as the former president, you will never see that affidavit. If he is charged, you probably won't see it until a couple weeks before the trial starts."

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