Publication date: 13.01.2024
I' m a lawyer in civil, tax, family cases
Let's consider a legal analysis of the situation when law enforcement agencies came to your business to conduct a search.
Act in accordance with the recommendations provided and the negative consequences of a search will be minimized for you. You should know that the search is carried out only within the framework of criminal proceedings.
1. The most important thing to remember is that not a single authorized subject of a security unit has the right to come with a search without appropriate legal grounds and a decision of the investigating judge.
Ask law enforcement officials to provide you with a document on the basis of which the premises are searched. Carefully read the court decision and check that the address and name of the enterprise coincide with the address at which the search is being conducted.
2. Law enforcement officers must introduce themselves and present a document proving their identity and authority.
3. Other important rule you need to know is that every person has the right to the services of a lawyer or professional legal assistance from a lawyer. Immediately after law enforcement officers have shown you their documents, in the presence of witnesses, tell them that you have a lawyer and you need the services of a lawyer during a search. Request that the search not begin until the lawyer arrives.
4. Remember that you can remain silent and not incriminate yourself. You are not required to answer all the searchers' questions. Do this only with the permission of a lawyer. If they don't ask you anything, don't say anything unnecessary.
5. If possible, log out of all accounts. Before the search begins, try to log out of all accounts (email, cloud servers, databases, electronic accounts, other).
6. Do not allow law enforcement officers to “walk” freely around the office.
Closely monitor every investigator and law enforcement officer who takes part in the search and every witness. If you see that they are trying to take things or documents out of the office, or plant something, immediately attract the attention of others, inform the lawyer about this and record this fact.
7. Do not allow personal belongings to be searched. Remember the inviolability of your personal property.
The things you have with you can only be inspected as part of another procedural action, for which the authorized entity must draw up a written decision with justified reasons for personal inspection of things and obtain permission.
8. If they try to confiscate personal belongings, do not remain silent. The law does not prohibit keeping your personal belongings, documents and money at your workplace.
9. Check that all seized items are included in the investigative report.
You or your lawyer demand from the person conducting the search that each individual item or document seized is described in the search protocol.
- When removing system units, request that an authorized person rewrite all components of the extracted units (hard drives, processors, other).
- After drawing up the protocol, you can familiarize yourself with it and make your comments if it was compiled in violation of the law or contains inaccurate/false data.
- Remember, the most important thing during the search is to remain calm, pay attention, concentrate and act as directed by the lawyer.
