One of the most unpleasant situations for businesses, officials and ordinary people is a search and interrogation. This can happen unexpectedly, but it is important to know how to act in order to minimise the damage. It is your behaviour during the search that determines the outcome.
It is important to choose the right legal representation immediately during a search and questioning. This requires a solicitor with experience in such cases.
Grounds for conducting a search
A search is considered one of the investigative measures carried out to forcibly inspect premises or a territory. This is done to:
- find evidence of the circumstances surrounding the commission of a criminal offence;
- search for items relevant to the offence;
- locate wanted persons.
As for the grounds for a search, these may be as follows:
- pursuant to a warrant issued by an investigating judge;
- without a warrant on the basis of an urgent case;
- with the permission of the owner of the premises or property.
What powers do law enforcement agencies have during a search?
Generally, law enforcement agencies acting within the law may do the following:
- invite impartial witnesses to ensure greater transparency;
- conduct the search personally to ensure the rapid seizure of evidence;
- invite experts to provide specialist advice;
- invite technical specialists to ensure evidence is seized or secured more accurately;
- search every person on the premises and prohibit anyone from leaving;
- draw up plans or diagrams of the dwelling or land plot;
- search for and take fingerprints and casts;
- search for information on any technical devices;
- seize necessary items and documents deemed relevant to the case.
Thus, the powers of investigating officers during a search are quite extensive. That is why it is important to know how to act without putting yourself at risk.
How should you act during a search?
Every person subject to a search has their own rights. These include:
- to request that the search be carried out during the day at a convenient time;
- to request identification from the persons involved in the search;
- to request the assistance of a lawyer and consult with them immediately during the search;
- to request to be shown the search warrant;
- to receive a copy of the search warrant;
- to request the presence of two independent witnesses;
- to monitor the presence and movements of investigators during the search;
- to request that a personal search be conducted by a person of the same sex;
- to demand a full record of the search and its results;
- to receive a full list of seized property;
- to make their own video recording of the search;
- record comments regarding the search;
- receive a copy of the search report;
- refuse to sign anything without a solicitor present and without having fully reviewed the report.
It should be noted that searches are prohibited after 10.00 pm. If this occurs, it is considered a procedural violation.
How should you act during questioning?
Sometimes investigative actions do not end with a search, but continue with detention and questioning. In this case, it is also important to act correctly:
- consult a lawyer before the interrogation begins;
- have a lawyer present during the interrogation for legal assistance;
- verify the investigator’s authority before the interrogation begins;
- demand full information regarding the reason for the summons and the questioning;
- keep track of the time spent – questioning without a break may only last for 2 hours;
- demand video recording of the questioning;
- refuse to give evidence without a lawyer or refuse to give evidence at all;
- do not give evidence regarding close relatives.
Consultation with a criminal lawyer from Svarog during a search and questioning
Seeking the assistance of a criminal defence lawyer is an opportunity to minimise the consequences of a search and interrogation. If you already require assistance, please contact our firm’s lawyers. A criminal defence lawyer from Svarog guarantees the following:
- full defence in criminal proceedings;
- a personalised approach;
- attendance at the search location upon request;
- preparation prior to questioning;
- ongoing support.
What should you do during a search?
Can a lawyer be present during a search?
A lawyer has a legal right to be present during a search, so they must be allowed into the premises.
How can you protect your property during a search?
The person whose premises are being searched should demand:
- that documents are completed correctly;
- to check the list of items seized;
- monitor the investigators’ work;
- make a video recording;
- obtain a copy of the report.
What should you do after documents or equipment have been seized?
To have your property returned, you must take the following steps:
- submit a request for return;
- appeal against the seizure of property in the Court of Appeal;
- submit a request to copy data necessary for business operations.
How do I challenge an unlawful search?
To challenge an unlawful search, you must do the following:
- document the violations during the search;
- file a complaint against the unlawful actions of law enforcement officers;
- contact the State Bureau of Investigations;
- claim compensation for moral and material damage.
How much does a lawyer cost during a search and interrogation?
The cost of services depends on the complexity of the criminal proceedings and the urgency of the call.