Searches and seizures
A search is an investigative procedural measure during which it is important to be aware of the following:
Grounds for Conducting a Search
As a general rule, a search is conducted pursuant to a warrant issued by an investigating judge.
In exceptional circumstances, such as the hot pursuit of a suspect, the protection of human life or property, or the need to prevent the destruction of evidence, a search may be conducted without a court warrant.
Actions to Take Before a Search Begins
- Request a copy of the court warrant: Do not allow law enforcement officers to enter the premises without a copy of the investigating judge’s warrant (except in urgent cases involving the protection of life, pursuit of a suspect, or prevention of the destruction of evidence, where a search without a warrant is permitted).
- Review the warrant carefully: Verify the address (it must exactly match the premises being searched), the purpose of the search, the items or documents sought, and the validity period of the warrant.
- Check the identification documents of law enforcement officers: Record or photograph the details of the identification cards of all officers present.
- Contact a lawyer immediately: Do not engage in substantive communication before your lawyer arrives. You are entitled to legal assistance.
- Record the time: Note the exact time at which the search begins.
Conduct During the Search
- Remain calm: Investigators may attempt to provoke an emotional response. Avoid arguments, insults, or threats.
- Monitor all actions: Continuously observe the activities of law enforcement officers and do not leave them unattended in any room.
- Do not assist in the search: You are not obliged to open safes, cabinets, or provide passwords to electronic devices. If you refuse, officers may gain access by force, but such actions must be documented.
- Personal search: If a personal search is conducted, request that it be carried out by a person of the same sex.
- Right to remain silent: You have the right not to testify against yourself or your close relatives pursuant to Article 63 of the Constitution of Ukraine.
Recording Violations and Seizure of Property
- Document everything: Take photographs or record video footage, provided this does not interfere with the investigative actions. Such recording is lawful.
- Observe the witnesses: Attesting witnesses must be present throughout the entire search process and not merely sign the documents afterwards.
- Review the inventory of seized property: Ensure that all seized items, particularly electronic devices, documents, and cash, are described in detail in the search record, including model, serial number, condition, and other identifying characteristics.
Completion of the Search
- Review the search record (protocol): Read the document carefully. Any objections or procedural violations, including denial of access to counsel or seizure of items not specified in the warrant, should be recorded in the section designated for comments or observations.
- Do not sign blank pages: Sign only fully completed documents.
- Obtain copies: The investigator is required to provide you with a copy of the search record and the inventory of seized property.
What You Should Not Do:
— Do not physically resist law enforcement officers;
— Do not destroy documents, electronic devices, or other potential evidence, as this may constitute obstruction of justice;
— Do not engage in unnecessary discussions or provide explanations without legal advice.
*Disclaimer: This information is provided for general informational purposes only and does not constitute legal advice. Each situation is unique and requires an individual legal assessment.