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I hope no one will need this, but it's better to know than not to know .
I have encountered search protocols and their discussions hundreds of times in court cases, when the defense unsuccessfully tried to prove violations during the search. I myself have participated in a search with the support of riot police. Therefore, I know the typical tactics of conducting searches. In this article, I will draw attention to the key points that even a person without a legal education can understand and use. Let's go.
First of all, a search is not something unique that is carried out only against criminal groups. Courts sanction several searches of homes per district every day. That is, in the district, the search count is in the hundreds per year. It can even be carried out to find a stolen cell phone.
Rule number 1:
If you are being searched, take all measures to ensure that a good lawyer is present.
According to Article 182 of the Criminal Procedure Code of the Russian Federation, a lawyer (defender) MAY be present during a search, but the law does not require his mandatory presence. Of course, the presence of a lawyer is not beneficial to law enforcement agencies and they make every effort to ensure that he is not there. For example, a search is conducted early in the morning. In my presence, the investigator and the riot police were specifically waiting in the entrance hall at the door, without ringing the doorbell or trying to open it, but waiting for the suspect to come out to work himself. After all, while they are opening the door, he will have time to call a lawyer, but otherwise he will be caught off guard.
Therefore: always have the number of a lawyer at hand, whom you will call while the door is being opened. Or whom you will send a message to while they are entering the apartment.
Rule number 2:
All documents presented at the beginning of the search must be copied or rewritten.
The investigator presents a document - we rewrite the data.
The search is conducted on the basis of the investigator's order - we copy / photograph it and study it. If there is a court decision, we copy it too and study it.
We look at who drew up the orders, what address is indicated there and what are the grounds: maybe they made a mistake in the house? Then the search ends before it even begins.
Recording the information you provide will not only give you information, but will also discipline the investigator.
Rule number 3:
Behave politely and calmly, do not enter into conflicts with officials. If you have comments, make them correctly. Especially do not resist or use force - this is a criminal offense.
Rule number 4:
Monitor all actions. Find out right away who exactly is conducting the search. Demand that no one goes into other rooms without you: not the detective, not even the witnesses. Once you have finished searching one room, then all together go into another. You do not know these people. If a kilogram of heroin is later found in another room in the presence of witnesses, it will be almost impossible to get it back. Do not let anyone out of your sight. Ask the investigator to remove unnecessary people. If someone went around the rooms without you, make comments in the report. If they search outbuildings and, say, climb into the attic of a bathhouse, the witnesses and you climb in together with the investigator. Unless, of course, you do not want them to find something there that was never there.
Rule number 5:
The witnesses who participate in the search must be on your side.
For employees, this is only a formal implementation of Article 170 of the Criminal Procedure Code, which requires the involvement of witnesses. In essence, witnesses are invited only for their signatures in the protocol on the results of the search. For you, this is a guarantee of your rights. Demand that all actions be carried out in the presence of witnesses, draw the witnesses' attention to the violations committed and all the moments that can work in your favor. Ask them to be attentive, you can directly tell them that you are afraid of provocations and planting.
Sometimes this does not work: witnesses can be "staff", that is, they go to all investigative actions in a row at the request of the investigator. But this is not always the case.
If the witnesses point out significant violations in court, the search will be recognized as inadmissible.
But keep in mind that the witnesses will be interrogated by the investigator to confirm that everything went perfectly. Take care to obtain the witnesses' data so that the defense attorney can interrogate them before the investigator and clarify the circumstances. Especially if the defense attorney was not present at the search.
When the witnesses are interrogated by the investigator and they sign the interrogation protocols stating that everything went smoothly, it will be difficult to replay this in court. Even if the witnesses in court testify in your favor, the prosecution will read out their interrogations from the investigation and win them over to its side in 95% of cases.
Rule number 6:
Read the protocol carefully before signing. Do not rush. No one has the right to limit time. Refusing to sign is not productive - it does not affect anything. It is better to make comments and indicate in detail what you do not agree with. Everything seized must be described.
Comments must be written either on the form itself or on the back, on a separate sheet is not worth it - it can get lost on the way to court.
You should also make copies of the protocol for yourself so that it does not become overgrown with new details in your absence.
You cannot leave empty spaces or sign empty forms.
Bonus:
- A normal door increases the chance of a lawyer arriving on time. Demonstrating a desire to assist increases the chance of his admission.
I have encountered search protocols and their discussions hundreds of times in court cases, when the defense unsuccessfully tried to prove violations during the search. I myself have participated in a search with the support of riot police. Therefore, I know the typical tactics of conducting searches. In this article, I will draw attention to the key points that even a person without a legal education can understand and use. Let's go.
First of all, a search is not something unique that is carried out only against criminal groups. Courts sanction several searches of homes per district every day. That is, in the district, the search count is in the hundreds per year. It can even be carried out to find a stolen cell phone.
Rule number 1:
If you are being searched, take all measures to ensure that a good lawyer is present.
According to Article 182 of the Criminal Procedure Code of the Russian Federation, a lawyer (defender) MAY be present during a search, but the law does not require his mandatory presence. Of course, the presence of a lawyer is not beneficial to law enforcement agencies and they make every effort to ensure that he is not there. For example, a search is conducted early in the morning. In my presence, the investigator and the riot police were specifically waiting in the entrance hall at the door, without ringing the doorbell or trying to open it, but waiting for the suspect to come out to work himself. After all, while they are opening the door, he will have time to call a lawyer, but otherwise he will be caught off guard.
Therefore: always have the number of a lawyer at hand, whom you will call while the door is being opened. Or whom you will send a message to while they are entering the apartment.
Rule number 2:
All documents presented at the beginning of the search must be copied or rewritten.
The investigator presents a document - we rewrite the data.
The search is conducted on the basis of the investigator's order - we copy / photograph it and study it. If there is a court decision, we copy it too and study it.
We look at who drew up the orders, what address is indicated there and what are the grounds: maybe they made a mistake in the house? Then the search ends before it even begins.
Recording the information you provide will not only give you information, but will also discipline the investigator.
Rule number 3:
Behave politely and calmly, do not enter into conflicts with officials. If you have comments, make them correctly. Especially do not resist or use force - this is a criminal offense.
Rule number 4:
Monitor all actions. Find out right away who exactly is conducting the search. Demand that no one goes into other rooms without you: not the detective, not even the witnesses. Once you have finished searching one room, then all together go into another. You do not know these people. If a kilogram of heroin is later found in another room in the presence of witnesses, it will be almost impossible to get it back. Do not let anyone out of your sight. Ask the investigator to remove unnecessary people. If someone went around the rooms without you, make comments in the report. If they search outbuildings and, say, climb into the attic of a bathhouse, the witnesses and you climb in together with the investigator. Unless, of course, you do not want them to find something there that was never there.
Rule number 5:
The witnesses who participate in the search must be on your side.
For employees, this is only a formal implementation of Article 170 of the Criminal Procedure Code, which requires the involvement of witnesses. In essence, witnesses are invited only for their signatures in the protocol on the results of the search. For you, this is a guarantee of your rights. Demand that all actions be carried out in the presence of witnesses, draw the witnesses' attention to the violations committed and all the moments that can work in your favor. Ask them to be attentive, you can directly tell them that you are afraid of provocations and planting.
Sometimes this does not work: witnesses can be "staff", that is, they go to all investigative actions in a row at the request of the investigator. But this is not always the case.
If the witnesses point out significant violations in court, the search will be recognized as inadmissible.
But keep in mind that the witnesses will be interrogated by the investigator to confirm that everything went perfectly. Take care to obtain the witnesses' data so that the defense attorney can interrogate them before the investigator and clarify the circumstances. Especially if the defense attorney was not present at the search.
When the witnesses are interrogated by the investigator and they sign the interrogation protocols stating that everything went smoothly, it will be difficult to replay this in court. Even if the witnesses in court testify in your favor, the prosecution will read out their interrogations from the investigation and win them over to its side in 95% of cases.
Rule number 6:
Read the protocol carefully before signing. Do not rush. No one has the right to limit time. Refusing to sign is not productive - it does not affect anything. It is better to make comments and indicate in detail what you do not agree with. Everything seized must be described.
Comments must be written either on the form itself or on the back, on a separate sheet is not worth it - it can get lost on the way to court.
You should also make copies of the protocol for yourself so that it does not become overgrown with new details in your absence.
You cannot leave empty spaces or sign empty forms.
Bonus:
- A normal door increases the chance of a lawyer arriving on time. Demonstrating a desire to assist increases the chance of his admission.
