Search: what you need to know and how to behave

A search is one of the most stressful and unpleasant investigative actions that both individuals and legal entities can face. For a business owner or employee, it is not just a discomfort, but a real threat to the company’s reputation, financial stability, and even freedom. But panic is the worst advisor. Knowing your rights and understanding the correct strategy for behavior can minimize the negative consequences.

1. Basic rules of a search: legality and lawfulness

First of all, it should be remembered that a search cannot be conducted without a corresponding order from an investigating judge. This decision must contain complete information:

– the name of the court that issued the order;

– the date of its issuance and validity period;

– the surname and initials of the investigating judge;

– the names of the investigator and prosecutor who filed the request;

– the name of the enterprise or address of the residence where the search is planned;

– the grounds for the search and a list of items or documents that the investigator intends to find.

If there is no order or its validity has expired, the search is illegal. In this case, demand that the investigative actions be stopped immediately.

2. Your behavior during the search: remain calm and aware

Even if you are shocked, try to remain calm. Your actions should be measured and rational.

– Check the documents. Request that the investigator provide the court order and review its contents. Also, demand to see the ID of the investigator and all other persons involved in the search.

– Call your lawyer immediately. Your right to legal assistance is inviolable. Inform your lawyer about the search and where it is taking place. Remember, your lawyer is your main defender in this situation.

– Keep an eye on what is happening. Do not allow items that are not specified in the court order to be seized. Carefully observe how the premises are inspected and the seized items are packed. All actions of the investigator must be recorded in the protocol.

– Do not talk. Avoid any comments, explanations, or answers to the investigator’s questions without consulting your lawyer. Any careless word can be used against you.

– Request a copy of the protocol. After the search is completed, the investigator is required to draw up a protocol. Read it carefully. If you notice any inaccuracies, violations, or seizure of items not specified in the order, be sure to indicate this in your comments before signing.

– Do not obstruct, but record. Do not create physical obstacles for investigators. However, you have the right to record the search process, for example, on a video camera or phone (if this is not prohibited by a court decision), in order to have evidence of possible violations.

A search is not a verdict, but only a stage.

A search is only one of the investigative actions, not proof of your guilt. However, it is your behavior at this moment that determines the further development of events. The right strategy, backed by the knowledge and support of a qualified lawyer, can save your business and protect your interests.

ADVICE Law Firm is always ready to provide urgent legal assistance during a search and accompany you at all stages of criminal proceedings. Our experts know how to act in stressful situations and ensure the protection of your rights.

ADVICE is your reliable partner in the world of law.