Search. What to do?

[Lord777]

Guide on how to behave during a search.

1. A condition for conducting a search may be only one initiated criminal case, within the framework of which the investigator makes a decision on the conduct of a search and makes an appropriate decision. In addition, a search in a home is carried out only on the basis of a court decision. Hotel rooms, by the way, like any premises intended for temporary residence, also refer to the concept of dwelling;

2. In many cases, after the initiation of a criminal case, a search is carried out simultaneously in all places that may be related to the case file (for example, in the country house, in the apartment and in the office of the manager or other suspect). In fact, what is most terrible, the search procedure is practically not regulated by law. The grounds are vague enough that there is sufficient evidence to suggest that. Yes, and the law directly states that during a search, any premises can be opened, which absolutely frees the hands of the powerful participants in the process (investigators and operational officers);

3. Before the start of the search, the investigator is obliged to present a search warrant (and, if necessary, a court decision). If possible, make yourself a copy of the decree (although the investigator has the right not to give it to you). Be sure to pay attention to the number of the criminal case indicated in the order. If it is absent in the order, ask to show you the order to initiate a criminal case, where its number must be indicated (remember or write it down). In addition, do not be too lazy to rewrite all the data of the official ID of the investigator, who will present you with the order. Subsequently, your defense lawyer (or lawyer) will need all this;

4. In addition, before the start of the search, the investigator proposes to voluntarily give out objects or documents that may be relevant to the criminal case. If you refuse to do this, the investigator will have to make some efforts in order to independently detect them and, in accordance with the law, attach them to the materials of the criminal case. If you agree to voluntarily give out what the investigator suggests, the search procedure is unlikely to be avoided. But the items or documents that you decide to voluntarily give to the investigator will be firmly attached to the criminal case, and it will be almost impossible to exclude them from the evidence base.

In practice, the search procedure is carried out as follows. Just be prepared for it First, a body search of all persons in the searched area is carried out. Moreover, a personal search is carried out twice at the beginning of the investigative action and at the end (in any case, competent investigators act this way). From the premises, first of all, common areas are searched (toilets, showers, smoking rooms, etc.). Therefore, in no case hide things and documents in such places. Then the rest of the premises and rooms are already searched. At the same time, as mentioned just above, the search procedure is practically not regulated in any way: officers of the authorities have the right to break cabinets, open safes, remove suspended ceilings, rip off baseboards, disassemble walls, etc. His orders must be carried out without question, even if they are contrary to the law. The investigator can even prohibit communication or going to the toilet during a search, he has such a right. If you say to lie down, lie down, even if there is mud or snow under your feet. Disobedience can be costly: they will put it down anyway, only in what ways they will do it. The main rule during a search does not argue with police officers, their actions will be appealed! And, of course, everything that happens during the search must be reflected in the protocol. Moreover, this should be reflected step by step, how it happened (who went where, what did there, who, what, where and under what circumstances it was discovered, etc.). If he says to lie down, lie down, even if there is mud or snow under your feet. Disobedience can be costly: they will put it down anyway, only in what ways they will do it. The main rule during a search does not argue with police officers, their actions will be appealed! And, of course, everything that happens during the search must be reflected in the protocol. Moreover, this should be reflected step by step, how it happened (who went where, what did there, who discovered what, where and under what circumstances, etc.). If you say to lie down, lie down, even if there is mud or snow under your feet. Disobedience can be costly: they will put it down anyway, only in what ways they will do it. The main rule during a search does not argue with police officers, their actions will be appealed! And, of course, everything that happens during the search must be reflected in the protocol. Moreover, this should be reflected step by step, how it happened (who went where, what he did there, who, what,

All persons participating in the search must be included in the protocol. The protocol must reflect the exact correspondence to reality. Everything that was found during the search can be seized: documents, objects, money, equipment, computers, briefcases. Everything! They have this right, be ready for it. All confiscated items, documents and valuables must be listed in the protocol with an exact indication of their quantity, measure, weight and individual characteristics. If this is a contract, then the number, date and its counterparties. If it is money, then the banknote numbers. If the investigator did not do this, the violation is obvious. In general, in recent years we have not seen a single investigative action carried out without violations. There are always violations! Only they need to be correctly recorded and used for their own purposes.

Pay attention to the most common violations during a search:

1. Bystanders, whom the police officers bring with them, are often interested persons (acquaintances, friends, students of the police school, etc.), which in practice is quite difficult to establish. Although sometimes this is obvious: pay attention to how the police officers communicate with attesting witnesses in an informal setting (for example, after drawing up a protocol);
2. A whole army of law enforcement officers is involved in the search, scattering to different premises (of course, without witnesses). What they are doing there, only God knows. And whatever they find, they bring it and dump it in front of the investigator. In such a situation, it will be quite problematic to establish the true circumstances of the discovery of certain objects (documents);
3. The protocol drawn up following the search is so short that it does not reflect anything. As if nothing happened. Of the persons involved, only attesting witnesses are entered, all actions performed are summarized in one phrase; a search was carried out;
4. The seized documents (objects) are not rewritten, but are dumped into a large box, which is sealed, and a line is entered into the protocol; a box of documents is seized. The circumstances under which these objects or documents were discovered, of course, are not indicated;
5. Many significant procedural actions (opening of premises, breaking of safes) are not reflected in the protocol at all. At the same time, a phrase is written, like during the search, a saw like a grinder was used;
6. Very often, the investigator releases the tortured attesting witnesses even before drawing up the protocol, collecting signatures from them in places on his blank letterhead and on pieces of paper with which the seized things (documents) are subsequently sealed. There are many more various violations committed by the powerful participants in the process. They are always there! Naturally, violations committed by police officers during a search must be properly used. This can only be done by a lawyer (defender, attorney). Other participants in the process should only note these violations for themselves (if possible, in writing, so as not to forget anything). Powerful participants in the process should not point out their violations: it will not cause anything except additional anger on their part. If your office (at home,

While the lawyer (defender) is traveling, or if his participation is not possible, your actions should be as follows:

1. Check the official ID with the investigator and rewrite ALL his details (if the investigator refuses to show you the ID;
2. Carefully study the search warrant, if possible, make a copy of it or rewrite all its data;
3. Ask the investigator to show you the order to initiate a criminal case or tell you its number and write it down so as not to forget;
4. In the winter season, ask the domineering participants in the process to undress in the wardrobe (or in the hallway);
5. Introduce the participants in the process to the investigator from your side and ask that he be sure to include them in the protocol. If the investigator refuses, tell him that you will do it yourself when you write your objections in the protocol;
6. If possible, assign your participants in the search (company employees, relatives) to all employees of the authorities, who will walk with them and watch all their actions;
7. Follow all the requirements of the investigator. Do not argue with the employees of the authorities and do not interfere with them. You shouldn't help them either;
8. If the investigator asks you to open the safe (or room, room), open it. Otherwise, it will be hacked. They have the right to do so;
9. Do not point out to the investigator (operatives) the mistakes and violations made, just write them down on a separate sheet so that you do not forget about it later;
10. No matter what happens, no matter what objects or documents you find, in no case should you touch them with your hands (hands in your pockets or behind your back)! If you have found objects prohibited for circulation that you did not have (provocation), do not touch your hands and act as indicated in the memo If, during a search, prohibited objects were thrown at you;
11. Demand during the search that all your statements be entered into the protocol;
12. When seizing items, ask for their exact listing and description in the protocol;
13. After drawing up the search protocol and handing it over to you for signature, read it carefully;
14. Write your objections in the protocol: - write the details of all participants in the search (if the investigator refused to do this); - indicate that the search procedure was not described exactly as it was carried out; - if the investigator was rude to you, be sure to indicate this; - indicate that the investigator refused to list and describe the seized documents (items); - write that the items (documents) were seized without witnesses and under incomprehensible circumstances (if it was so); - if the protocol does not reflect reality, write everything how it actually happened (who went where, what he did there, how it happened);
15. Be sure to ask for a copy of the protocol, the investigator is obliged to hand it over to you. Signature in the box A copy of the minutes received by ________ do not put until the copy is in your hands. Be that as it may, during or immediately after the search, call your lawyer or attorney. Do not leave the decision of such questions to the mercy of fate. Only a professional will be able to make the right decision on how to properly protect you and prevent the consequences that, unfortunately, are currently ending in most criminal cases.