How to greet correctly
For example, you can install a security system at the entrance to the premises and authorize the secretary and other employees of the organization to open the door only to persons known in the company and always clarify the reason for their visit.
It follows from the law that the basis for conducting a search is the presence of sufficient data to believe that in any place or in the possession of any person there may be objects and documents that may be important for the criminal case. Usually a search is carried out at the premises of the accused or suspect. But a search can also be carried out on a witness, as well as on persons who do not occupy any procedural position at all, and even on the victim. Repeated searches in the same place and with the same person cannot be ruled out.
During a search, any premises may be opened if the owner refuses to open them voluntarily. In such a situation , it is necessary to make it clear that you do not mind opening the door and do not refuse to let the authorities in, you just need to wait a little. That the owner, manager or lawyer will arrive in the near future, and “you are welcome”!
A search in the premises is carried out on the basis of an investigator's order, and in residential premises - on the basis of a court decision. Therefore, before starting a search on the premises, the investigator is required to present a warrant to conduct the search. It is very important to carefully read the resolution and write down from it:
- date of the order or judgment;
- surname and initials of the official who issued this decision or judicial
- solution;
- criminal case number;
- a summary of the grounds for the search;
- address of the place where the search was conducted.
Remember, you are not required to issue a copy of the resolution, and that is why it is important to record everything.
What documents must law enforcement officers present to conduct a search?
A representative of law enforcement agencies must present an official identification document, a court order or an investigator (inquiry officer) order to carry out this action. Please note: if the person who carried out the search was not the one who made the decision, then he is obliged to provide an order to carry out the investigative action in question. Investigators (interrogators) are not required to provide copies of these documents to the person whose home is being searched, but you can politely ask them to photograph the papers.
During the search
Before the search begins, the investigator is obliged to offer to voluntarily hand over the objects and documents to be seized that may be important for the criminal case. If they are issued voluntarily, the investigator has the right not to conduct a search. But you shouldn’t hope for the search to stop. Terminating a search is the investigator’s right, not his duty, and he is unlikely to use this right.
During a search, the investigator has the right to prohibit those present from leaving the premises, as well as from communicating with each other.
During a search, objects, documents and electronic media are confiscated. The seized items and documents must be described in the protocol. The seizure is carried out with the participation of a specialist; he must appear in the protocol. At the request of the legal owner in the presence of witnesses, information can be copied from the seized electronic media. But copying information may be refused.
All seized items and documents are presented to witnesses and other persons present during the search. If necessary, they are packaged and sealed at the search site.
When conducting a search, witnesses must be present, usually at least two people. Witnesses are persons not interested in the case. They are obliged to certify the fact, content and results of the actions during which they were present. If possible, invite your friends to participate as witnesses.
In most cases, employees of the organization are also present during the search. They are not participants in the search, but they participate in its production and can be included in the protocol.
Keep a few things in mind:
- The resolution must indicate the number of the criminal case within the framework of which the search is being conducted, as well as the exact address of the premises. It also contains the details of the person who compiled the document and his signature.
- Technical errors and clerical errors do not interfere with the search. But if the resolution indicates a different address, then it is prohibited to carry out investigative actions in your office or apartment.
Is it possible not to open the door to law enforcement officers who come to conduct a search of an apartment or office?
According to Part 6 of Article 182 of the Code of Criminal Procedure of the Russian Federation, if a citizen whose house is planned to be searched refuses to voluntarily open the door, law enforcement officers have every right to break it. In some cases, security forces cope with this task on their own, in others they call the Ministry of Emergency Situations. Therefore, there is no point in “holding the line,” especially since administrative liability is provided for this under Article 19.3 of the Code of Administrative Offenses of the Russian Federation.
However, sometimes citizens manage to negotiate with the investigator to allow 15-30 minutes to, for example, get dressed and call a lawyer. This is a fairly short period of time, so if you are at risk, then find a qualified defender and agree with him about everything in advance. Naturally, the arriving group will not wait for hours for the lawyer to arrive.
Unfortunately, in urgent cases, investigators may not give the citizen time. For example, this is possible if the search is carried out in criminal cases involving drugs (if you do not enter the premises immediately, the citizen may destroy traces of the crime).
Can operational officers search not only the premises, but also the persons in it?
Yes, this is possible: law enforcement officials can search any persons on the premises if they believe that they may have items related to a criminal case. Drawing up a separate protocol is not required. In this case, of course, the rules of a personal search must be observed (the person being searched and the person searching must be of the same sex, etc.).
In addition, there are no obstacles to searching handbags, briefcases, backpacks, etc.
Therefore, there is no point in hiding evidence on yourself or in bags: with a high degree of probability it will be discovered. An experienced investigator who has participated in hundreds of searches is well aware of the most typical hiding places of citizens.
Is it possible to film the search process on your phone?
The law does not prohibit filming the search process, however, most likely, a citizen’s mobile phone will be confiscated as an item that may be related to the crime committed. Meanwhile, operational employees themselves can take photos and videos of what is happening. If assists during the search , he can film the process on his devices - law enforcement officers do not have the right to seize them.
Can operational employees break into safes, cabinets, cabinets? Who will compensate for the damage?
First, law enforcement officers must invite the citizen to voluntarily open the lock. If the citizen does not want to do this, the lock is broken. If the operatives were unable to break the door using improvised means, they can take, for example, a safe to the department so that a specialist can open it.
A citizen may demand compensation for damage caused, but only in court and provided that the search was illegal. In addition, compensation for moral damage can also be demanded in court. a qualified lawyer can achieve compensation due to the great complexity of such cases, and also due to the fact that the courts secretly side with law enforcement officers.
Can a police officer walk into a nearby office if he thinks evidence might be hidden there?
No, since the search is carried out only at the address indicated in the decision on the conduct of this investigative action.
However, there are some nuances here; we will tell you more about this during your consultation.
What can they take away during a search (equipment, furniture, clothing, food, telephone)?
Law enforcement officers can take away absolutely any item that could presumably be related to the case under consideration. If it later turns out that the item was seized by mistake, it is returned to its owner.
Are you required to let you copy information when seizing computer equipment?
At the end of December 2021, a new article 164.1 appeared in the Code of Criminal Procedure of the Russian Federation, prohibiting the seizure of computer equipment if the crime under investigation was committed in the field of business activity. Instead of confiscation, law enforcement officers must copy the information onto their media. However, in some cases (for example, if there is a judicial act on the seizure of storage media), equipment can still be confiscated.
A citizen can petition the investigator to copy information onto their media, but whether such a request will be granted or not is a big question.
What is the best way to record violations during a search?
A citizen who believes that the process is being carried out with violations can make his comments in the search record, which is kept by the investigator (interrogator). Representatives of law enforcement agencies do not have the right to refuse this, but without the presence of a lawyer, as a rule, this cannot be done.
Is it possible to plead ill health and call a doctor to leave the search site? Could you have been detained at the search site?
A citizen whose premises are being searched, of course, can demand an ambulance be called if he feels unwell. If a doctor determines that a person needs hospitalization, law enforcement cannot forcibly detain the citizen. The search will continue with the participation of adult family members of the person being searched, representatives of the organization (if the event takes place in the company’s office).
Detention of the person whose home is being searched is also possible if there are grounds listed in Article 91 of the Code of Criminal Procedure of the Russian Federation (for example, traces of a crime were found in the home of the person being searched).
If the electronics are encrypted, can the police require a password, and what happens if the password is not given?
A citizen has the right not to give any comments regarding objects in an office or apartment. In particular, he may not disclose passwords. There is no liability for this.
What happens if a police officer sees a citizen destroying evidence (documents, storage media, drugs, crime weapons). Will this make a difference?
If a representative sees a citizen trying to destroy any objects during the search, he must prevent this. The actions of a citizen must be reflected in the protocol.
The mere fact of destruction of objects is not evidence of a citizen’s guilt in a crime; the search report is proof.
Can a police officer use force during a search?
Law enforcement officers have no right to use physical force unreasonably. But if the citizen whose home is being searched actively resists, a law enforcement representative may use physical force, use weapons or special equipment. Before using them, the employee warns the citizen of his intentions.
Is it possible to call a lawyer for a search?
The lawyer has the right to be present at the conduct of this investigative action, however, the investigator is also not obliged to postpone the search until the defense lawyer appears at the required address.
The best moment to call a lawyer is the time that the investigator gives the citizen to open the door voluntarily (as we indicated above - 15-30 minutes). If the defense lawyer manages to arrive before the search begins, the investigator is obliged to allow him to participate in the event; if he is late, it is quite possible that the lawyer will simply not be allowed to see the client.
If you have not found the answer to your question or want to get more detailed information, contact a lawyer.
Pay attention to the protocol
During the search or immediately after its completion, a protocol is drawn up. The search protocol must indicate:
- place and date of the search, its start and end time accurate to the minute;
- position, surname and initials of the person who compiled the protocol;
- last name, first name and patronymic of each person participating in the investigative action.
The protocol describes the procedural actions in the order in which they were carried out. Seized items and documents must be listed with a precise indication of individual characteristics and, if possible, value. The search protocol is presented for review to all persons participating in the investigative action.
Please read this protocol carefully. Make sure that everything stated in the protocol is true. You have the right to make comments to this protocol regarding its addition and clarification. After reading the search protocol, it is signed by the investigator and the persons participating in the investigative action. The protocol is signed on each page except the last one, at the bottom of the text, in order to avoid subsequent additions or replacement of sheets. Under no circumstances sign a blank search report form.
A copy of the protocol is given to the person whose premises were searched. If the search was carried out on the premises of the organization, then a copy of the protocol is handed over to a representative of the organization against receipt.
The responsibility for making a copy of the protocol lies with the official who compiled it. If you were not provided with a copy of the search protocol, then you must make an entry in this protocol that you were not given a copy and refuse to sign in the column “Received a copy of the protocol.”
Advice from a lawyer
If the protocol does not indicate witnesses or you see some other violations that are not related to the list of seized items, note them for yourself, but do not indicate them. Perhaps these violations can be used in the future for your protection.
Check with the witnesses for their addresses and, if possible, take telephone numbers. The investigator may deliberately incorrectly indicate the addresses of witnesses in the protocol in order to complicate their interrogation in the future.
After conducting a search, the investigator has the right to immediately invite you for questioning. Do not give any testimony without a lawyer. Notify the investigator immediately about this. If the lawyer cannot participate in the interrogation now, say that you are ready to come for the interrogation in a few days.
They always come with a search without warning, keep the lawyer’s phone number at hand, behave calmly and do not give any testimony. Such actions will allow you to successfully build your defense in the future.
What if they start interrogating?
Very often, law enforcement officers, taking advantage of the situation, the suddenness of what is happening and the illiteracy of our citizens, begin to interrogate employees, taking them to neighboring offices.
This is the time to remember your constitutional rights. The Constitution provides two articles for such a case, these are:
- in Russia, everyone is guaranteed the right to receive qualified legal assistance (Article 48 of the Constitution of the Russian Federation);
- no one is obliged to testify against himself, his spouse or close relatives (Article 51 of the Constitution of the Russian Federation).
The meaning is that a citizen can remain silent and not testify against himself. If your reluctance to testify, as well as your reluctance to answer questions, will cause questioning by the investigative authorities, then you can refer to your legal illiteracy and willingness to communicate only in the presence of your lawyer.
You need to remember that the less you say at the first communication, the easier it will be for you and your lawyer in the future.
