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Often, an operative is tormented by a burning desire to work with the person being searched in another, more convenient place for him, namely, in a cell. Therefore, in practice, there are cases when, to the genuine surprise and horror of the citizen being searched, several live rounds of ammunition, or even a bag of drugs, are suddenly found in his home or office. What should be done in such a case?
First, under no circumstances should you take the find into your own hands. Subsequently, you will be able to file a petition for a fingerprint examination, proving that this item has never been in your hands (especially if the packaging is paper or polyethylene).
Second, you should immediately file a petition to search the premises being searched for samples of the packaging material for a comparative study. In other words, you need to raise the issue of searching for the remains of the packaging of the criminal bag. It does not matter that it is polyethylene film. The expert will be able to distinguish between polyethylene samples. But if, despite all your efforts, you fail to find similar packaging material in the premises, this will be your small victory. And even if the investigator refuses to satisfy your petition, this will also be good. It goes without saying that these facts must be recorded in the protocol.
Third, you should file a petition to seize microparticles from the pockets of the operative who made the "find" for further expert comparison with the microparticles on the discovered criminal packaging. Do not be confused by the investigator's refusal. Even a refusal in this situation is to your advantage and should also be recorded in the search protocol.
Fourth, when signing the search protocol, you have the right to note that at the time of the find there was no attesting witness next to the "resourceful" operative, and if he was, he was looking at the frescoes on your ceiling at that time. But keep in mind that the attesting witness will be interrogated in this case.
Fifth, you can note in the protocol that some persons who arrived for the search together with the investigator are not included in it (the protocol) as participants (if this is, of course, really the case, and this is often the case). Remember that the law requires that the last name and first name of each person participating in the investigative action be reflected in the protocol. Therefore, the investigator's attempt to leave out of the protocol unknown people, including masked people wandering from one room to another during the search, must be recorded by you in the protocol.
Sixth, during the interrogation following the search, you will tell the investigator everything as it actually happened, and make sure that your testimony is accurately set out in the interrogation protocol. If a bag of drugs was "discovered" during the search, file a petition to be sent for a medical examination, as well as to donate your blood for expert examination.
You can note (for yourself) as an obvious blunder of the investigator, if at the end of the search he swept all your papers and documents into a cardboard box, without rewriting their details in the protocol. Watch whether he seals this box (or, say, a bag). If not, then this is a double blunder. In this case, no one will ever be able to prove that it was you who were found to have certain incriminating documents during the search.
About prohibited items
So, the first thing is drugs planted in a pocket. For some operatives, this is the main method of fighting drug addicts. Also, sometimes this method is resorted to during searches in criminal cases (to eliminate unnecessary persons from participating in the search).
Do not be indignant under any circumstances, and most importantly, do not put your hand in your pocket and do not try to throw away the bag. Let the police do their job, and then demand the presence of attesting witnesses. And in their presence, demand:
a) that your nails be cut.
b) took a swab from your palms.
c) took a swab from your mouth.
Everything taken must be sealed in your presence and sent for examination. Remember - it will be very difficult for the police to explain the presence of the same weed (aka anasha) in your pocket without confirmation of the presence of drugs under your nails, drug particles on your palms and in your mouth.
If they slip you not a bag, but a syringe with borax or clear liquid or something wrapped in plastic, do not touch it with your hands under any circumstances!
In front of witnesses, say that this is a provocation and demand:
a) fingerprints from the syringe or plastic bag
b) point out that you are not wearing gloves at the moment and show your hands that there are no traces of syringe injections on them
c) demand an analysis of your urine for amiconic acid
d) if there is brown liquid in the syringe, be sure to demand an analysis of your blood type and the blood in the syringe
It may happen that they try to hang an amulet around your neck, from which they will later extract heroin in front of witnesses. Your actions are the same. Do not touch it with your hands. Demand an analysis of your sweat and sweat on the amulet in front of witnesses.
It will be very difficult for a person who really takes drugs regularly to escape such a "set-up", since he will always have traces of drugs.
Planted Weapon and Ammunition
When a handful of cartridges or a grenade (usually with a smooth surface) are planted in your apartment, office or car, the first piece of advice is the same – do not touch the things with your hands, even if you are asked to do so. Again, demand the presence of witnesses.
In their presence, you must demand:
a) fingerprints to be taken from these objects
b) the inclusion in the protocol of the fact that there are no traces of machine oil on your hands and clothes
c) be sure to demand swabs to be taken from your palms and clothes to analyze the content of metal particles or gun oil on them
If a firearm has been planted on you, demand an expert examination to determine if your fingerprints are on the magazine, cartridges or other internal parts of the weapon.
Remember: in this case, only your fingerprints are the main evidence of your guilt for the court.
And finally, about bladed weapons. Forensic experts determine bladed weapons by a number of features. If some feature is missing, the object is not recognized as a bladed weapon.
Remember: any bladed weapon can be stored at home, in the garage, at the dacha.
It is a crime if you carry it with you or drive it in a car. A folding knife will be recognized as a bladed weapon only if, after opening, the blade locks into place. A
knife will not be considered a block weapon if the length of the blade is less than 90 mm and the thickness of the upper part of the blade is less than 2.6 mm. The hardness of the blade steel is also important, because it is included in the "set of forensic properties of the object". In cold weapons, the hardness should be higher than 42 units on the Rockwell scale. Hardness units are designated by the Latin letters HRC and are written in any passport of a decent knife.
But it also happens that in knife passports, especially Chinese ones, the hardness of steel is greatly overstated. For example, it is written "56 HRC", but in fact there is only 40. Today, there is a balisong knife on sale (it is also called a "butterfly"). Its blade is retracted into a movable handle made of two halves, hinged to the blade.
Know that balisongs from Korea are cold weapons, but those from China are not. The reason is the difference in the quality of the metal. So when you find a knife, do not rush to pay or agree to all the conditions, but look - you really have a cold weapon or not.
First, under no circumstances should you take the find into your own hands. Subsequently, you will be able to file a petition for a fingerprint examination, proving that this item has never been in your hands (especially if the packaging is paper or polyethylene).
Second, you should immediately file a petition to search the premises being searched for samples of the packaging material for a comparative study. In other words, you need to raise the issue of searching for the remains of the packaging of the criminal bag. It does not matter that it is polyethylene film. The expert will be able to distinguish between polyethylene samples. But if, despite all your efforts, you fail to find similar packaging material in the premises, this will be your small victory. And even if the investigator refuses to satisfy your petition, this will also be good. It goes without saying that these facts must be recorded in the protocol.
Third, you should file a petition to seize microparticles from the pockets of the operative who made the "find" for further expert comparison with the microparticles on the discovered criminal packaging. Do not be confused by the investigator's refusal. Even a refusal in this situation is to your advantage and should also be recorded in the search protocol.
Fourth, when signing the search protocol, you have the right to note that at the time of the find there was no attesting witness next to the "resourceful" operative, and if he was, he was looking at the frescoes on your ceiling at that time. But keep in mind that the attesting witness will be interrogated in this case.
Fifth, you can note in the protocol that some persons who arrived for the search together with the investigator are not included in it (the protocol) as participants (if this is, of course, really the case, and this is often the case). Remember that the law requires that the last name and first name of each person participating in the investigative action be reflected in the protocol. Therefore, the investigator's attempt to leave out of the protocol unknown people, including masked people wandering from one room to another during the search, must be recorded by you in the protocol.
Sixth, during the interrogation following the search, you will tell the investigator everything as it actually happened, and make sure that your testimony is accurately set out in the interrogation protocol. If a bag of drugs was "discovered" during the search, file a petition to be sent for a medical examination, as well as to donate your blood for expert examination.
You can note (for yourself) as an obvious blunder of the investigator, if at the end of the search he swept all your papers and documents into a cardboard box, without rewriting their details in the protocol. Watch whether he seals this box (or, say, a bag). If not, then this is a double blunder. In this case, no one will ever be able to prove that it was you who were found to have certain incriminating documents during the search.
About prohibited items
So, the first thing is drugs planted in a pocket. For some operatives, this is the main method of fighting drug addicts. Also, sometimes this method is resorted to during searches in criminal cases (to eliminate unnecessary persons from participating in the search).
Do not be indignant under any circumstances, and most importantly, do not put your hand in your pocket and do not try to throw away the bag. Let the police do their job, and then demand the presence of attesting witnesses. And in their presence, demand:
a) that your nails be cut.
b) took a swab from your palms.
c) took a swab from your mouth.
Everything taken must be sealed in your presence and sent for examination. Remember - it will be very difficult for the police to explain the presence of the same weed (aka anasha) in your pocket without confirmation of the presence of drugs under your nails, drug particles on your palms and in your mouth.
If they slip you not a bag, but a syringe with borax or clear liquid or something wrapped in plastic, do not touch it with your hands under any circumstances!
In front of witnesses, say that this is a provocation and demand:
a) fingerprints from the syringe or plastic bag
b) point out that you are not wearing gloves at the moment and show your hands that there are no traces of syringe injections on them
c) demand an analysis of your urine for amiconic acid
d) if there is brown liquid in the syringe, be sure to demand an analysis of your blood type and the blood in the syringe
It may happen that they try to hang an amulet around your neck, from which they will later extract heroin in front of witnesses. Your actions are the same. Do not touch it with your hands. Demand an analysis of your sweat and sweat on the amulet in front of witnesses.
It will be very difficult for a person who really takes drugs regularly to escape such a "set-up", since he will always have traces of drugs.
Planted Weapon and Ammunition
When a handful of cartridges or a grenade (usually with a smooth surface) are planted in your apartment, office or car, the first piece of advice is the same – do not touch the things with your hands, even if you are asked to do so. Again, demand the presence of witnesses.
In their presence, you must demand:
a) fingerprints to be taken from these objects
b) the inclusion in the protocol of the fact that there are no traces of machine oil on your hands and clothes
c) be sure to demand swabs to be taken from your palms and clothes to analyze the content of metal particles or gun oil on them
If a firearm has been planted on you, demand an expert examination to determine if your fingerprints are on the magazine, cartridges or other internal parts of the weapon.
Remember: in this case, only your fingerprints are the main evidence of your guilt for the court.
And finally, about bladed weapons. Forensic experts determine bladed weapons by a number of features. If some feature is missing, the object is not recognized as a bladed weapon.
Remember: any bladed weapon can be stored at home, in the garage, at the dacha.
It is a crime if you carry it with you or drive it in a car. A folding knife will be recognized as a bladed weapon only if, after opening, the blade locks into place. A
knife will not be considered a block weapon if the length of the blade is less than 90 mm and the thickness of the upper part of the blade is less than 2.6 mm. The hardness of the blade steel is also important, because it is included in the "set of forensic properties of the object". In cold weapons, the hardness should be higher than 42 units on the Rockwell scale. Hardness units are designated by the Latin letters HRC and are written in any passport of a decent knife.
But it also happens that in knife passports, especially Chinese ones, the hardness of steel is greatly overstated. For example, it is written "56 HRC", but in fact there is only 40. Today, there is a balisong knife on sale (it is also called a "butterfly"). Its blade is retracted into a movable handle made of two halves, hinged to the blade.
Know that balisongs from Korea are cold weapons, but those from China are not. The reason is the difference in the quality of the metal. So when you find a knife, do not rush to pay or agree to all the conditions, but look - you really have a cold weapon or not.
