A search has to be performed on the ground of an investigator's resolution, but a search in the living quarters has to be effected on the ground of a court decision.
When making a search, a protocol shall be compiled.
In the protocol it must be stated in what place and under what circumstances the objects, the documents or the valuables were located, and whether they were given away of a free will or seized under coercion. All the seized objects, documents and valuables shall be listed, with a precise indication of their quantity, weight, individual features and, if possible, their cost.
A copy of the protocol shall be handed in to the person, in whose living quarters the search was made, or to an adult member of his family.
At least two attesting witnesses must be present during a search.
A specialist must be involved in a seizure of the electronic data storage devices.
Remember!!!
· Immediately demand the presence of your lawyer;
· Demand a copy of a court decision admitting the search (make a photocopy);
· Make your proper record of events including all the important information;
· Ask everyone who arrives to present their official identification, make a record of this data, too;
· Demand the search to be captured on video. The law doesn’t prohibit a person or his/her family members to take photos and video during the search;
· Request that the attesting witnesses were people you know (neighbors, etc.), and declare that you do not trust the attesting witnesses who arrived with the police or security service;
· Avoid situations where an agent is left in the next room without attesting witnesses;
· Never touch the items "found" in your living quarters;
· No unnecessary damage shall be done to the property during a search and no circumstances of your private life shall be disclosed;
· At the end of the search a copy of the protocol and a list of seized property shall be handed to you (seizure of objects and documents can be appealed in court and in the prosecutor's office);
· After allowing you to sign the search protocol, never put a signature only, be sure to indicate: "The search was conducted with law violations, I intend to appeal".