Defense During Searches: Controlling Investigations

As soon as you learn a search is about to begin, immediately inform your lawyer of the exact address, who arrived, how many officers are on site, whether a court order was presented, whether the search has already begun, and whether they are attempting to seize documents, phones, computers, or other data carriers. The first minutes matter: this is when the procedural framework of the search is typically established, participants are recorded, and the scope of further actions is determined.

Don't delay your call. Even if the search has already started, the demand to admit a lawyer must be made immediately and repeated until it is entered into the protocol.

Before the search begins, you must be shown the investigating judge's order and given a copy. This is not a formality — it is a fundamental condition for the legality of the search.

Check whether the address matches, whether the order has expired, and whether it authorizes the search for the specific items they are trying to find or seize.

Physical resistance almost always makes things worse. The correct tactic is calm documentation of all violations, every disputed action, and every action that exceeds the scope of the court's authorization.

The search must be conducted only to the extent necessary to achieve its purpose, and must be recorded with audio and video.

If the search is underway, state clearly and aloud: 'I demand that my lawyer be admitted. I request this statement be entered into the search protocol.'

Before signing the protocol, you must be given the opportunity to review its text. If you disagree with the content, either make remarks or indicate the reason for refusing to sign.

A search must not become a 'search for everything.' By law, it is conducted only to the extent necessary to achieve the purpose specified in the court order.

Items not listed in the court order are generally treated as temporarily seized property.

Separate rules apply to the search of electronic devices. Temporary seizure of electronic systems is only permitted when such objects are specifically listed in the court order.

If investigators work with computers, servers, or phones, they may copy information on-site with a specialist. Upon the owner's request, copies of data must be left when technically possible.

After the search, you must receive a second copy of the search protocol along with a description of seized documents and temporarily seized items.

Before signing, verify that your statements are reflected, that all seized items are listed individually, and that devices, documents, and packaging are properly identified.