A visit by law enforcement officers with a court-issued search warrant (or without a court order) is always stressful for a company and its management. At such moments, there isn’t enough time to study the Code of Criminal Procedure, determine the best course of action, and so on. To avoid mistakes that could cost the business its assets or reputation, it’s important to clearly know the proper steps to take.
The experts at the “Advice” Law Firm have compiled the basic rules of conduct during a search and the key rights of a company executive.
The First 5 Minutes: Stay Calm and in Control
When law enforcement officers are already at the door, your main weapons are composure and adherence to procedure.
1) Request and verify the court order; they are required to provide it to you. A search may be conducted exclusively pursuant to an order issued by an investigating judge!!! Check the addresses, the company name, the order’s validity period (it cannot exceed 30 days), the name of the investigator authorized to conduct the search, and the list of property of interest to law enforcement.
Please note: In certain cases—such as when there is a threat to the life or health of citizens, or when there is a real danger of evidence being destroyed—the investigator may conduct an urgent search, that is, WITHOUT a court order. However, immediately after such a search, the investigator is required to file a motion with the court to retroactively legalize the search.
2) Verify the identities of the visitors. Write down or take photos of the identification cards of all law enforcement officers and other individuals present. If they refuse to show their identification, you can call the police (dial 102) to have the violation documented, as you have the right to know who is present during the investigative proceedings.
3) Immediately contact a lawyer. State that you are exercising your right to legal counsel. The investigator is required to wait for the lawyer (by law, up to 3 hours), but this does not completely halt the investigative procedure. The key is to have this noted in the official record. The lawyer will arrive at the search site and will be able to participate in the investigative proceedings immediately. The sooner you notify your lawyer, the sooner they will arrive on the scene.
The Director’s Rights During a Search
The director is the chief representative of the company’s interests. Your legal rights during a visit by investigators:
The right to legal counsel. You have the right to have a lawyer present at your side at every stage.
The right to have the process recorded. Law enforcement agencies are required to record the search on video. In addition, you or your attorney have the right to make comments, which must be included in the official record.
The right not to testify against yourself. You and your employees have the legal right to refuse to testify under Article 63 of the Constitution of Ukraine. A search is not an interrogation.
The right to have comments included in the report. Do not sign the report “blindly.” All violations (for example, the seizure of personal belongings, the absence of witnesses during the search, or damage to property) must be described in detail in the report in your own handwriting or that of your attorney.
What should businesses absolutely NOT do?
Offer physical resistance or openly hide items. This may be considered a criminal offense and could provide grounds for more severe measures.
Leaving law enforcement officers unattended. Employees or a lawyer must accompany each group of law enforcement officers through the offices and not allow them to remain alone in separate rooms.
Handing over documents or equipment not specified in the court order. The court order must clearly specify exactly what is authorized to be searched for and seized. If they are seizing “everything indiscriminately,” this is grounds for an immediate appeal.
Signing blank sheets of paper or incomprehensible lists. Check every page of the protocol and the inventory of seized property.
What to Do After the Investigators Leave?
1. Obtain a copy of the report and the inventory of seized property. This is the key document for your future defense.
2. Assess the seized assets. Work with your attorney to prepare a motion for the return of temporarily seized property (equipment, documents, cash). After a search, the investigator or prosecutor typically files a motion with the court to seize the seized property and documents. Your task is to track the court hearing date and notify the court of your intention to attend the hearing, where you can work with your attorney to defend your rights and demonstrate that the investigative authorities’ actions were erroneous.
Even if your property and documents are seized, there’s no need to be discouraged, as it is possible to have the seizure lifted—but this should be done exclusively with the assistance of a lawyer, since every situation has its own unique circumstances.
3. Brief your team. Explain your employees’ rights and responsibilities to avoid chaos during any potential follow-up visits.
Advice from the “Advice” Law Firm: The best defense against the negative consequences of a search is to prepare for it in advance. Having clear instructions for staff and a lawyer’s contact information on hand reduces the risks to your business to virtually zero.
Contact the “Advice” Law Firm to develop corporate security regulations and receive prompt legal support during investigative proceedings.