During the investigation, police officers carry out many actions aimed at solving the crime. One such is a search. Not only potential criminals, but also ordinary citizens, can be subjected to forced searches. Therefore, it is important to know the legal aspects of the search: the lawfulness of the actions of the police, on what grounds it is carried out, the rights and obligations of the searched person.
What is a search
A search is an investigative action, which is aimed at examining the area, premises or persons in order to find objects, documents, valuables that are relevant to the criminal case under investigation, as well as corpses or missing people.
Such an investigative action is carried out only if the police officer investigating the crime is sure that the necessary items are located in a particular person or in a specific room.
Where and in what cases a search is carried out
A compulsory examination may be conducted as part of an existing criminal case. The objects of a search can be not only the suspect’s residential premises, but also the building or premises of the company that he owns or where he works. Employees of the organization may also be subject to a search procedure if the investigator finds sufficient reason to believe that they have the material evidence necessary for the investigation.
A person may also be subjected to forced search - this is called a personal search. In this case, the detainee’s body, clothing, and related items are examined for items, documents, or valuables that are relevant to the investigation of the criminal case. It is important to note that the examination should be carried out by a person of the same gender as the person being searched. For the search of a person in custody, special documentation will not be required - much more difficult if this person is at large.
They can search both a vehicle and a certain area (for example, a local area). Police officers have the right to inspect the car in sufficient detail: from the bottom of the car to the interior trim.
Types of Search
The investigative procedure can be classified according to several criteria:
- number of parallel searched objects;
- area of ​​the investigated object;
- carrying out procedure;
- directly the object itself.
According to the sequence, the search can be divided into:
- Primary.
- Repeated.
Re-examination is carried out in cases when, due to the circumstances, it was not possible to find enough information or technical and scientific tools appeared at the disposal of the investigating authority that could help to study the examined object in more detail.
What is the difference between a search and a search
As previously noted, a search is a procedural action that is carried out in order to detect objects, valuables or documents that are relevant to the investigation of a criminal case.
Inspection is carried out to search for items whose circulation is prohibited by the legislation of the Russian Federation. Unlike the search procedure, during the inspection, the structural integrity of the object cannot be violated, any damage is prohibited. Such a process is governed by administrative law, not criminal law.
You can only inspect a vehicle or person, and only search the home and surrounding area. Moreover, the search procedure is more superficial and it does not require additional approval, unlike a search, which requires an investigator’s order or a court’s permission.
Who issues a search warrant
It’s just impossible to search a house, car or person. To do this, you need a confirmed fact, which indicates the involvement of these objects in the commission of a crime. For example, when the investigator has enough reason to believe that the murder weapon is in the suspect’s apartment, because he did not have time to hide it in another place.
A warrant is issued to search the apartment on the basis of a court order, which is issued at the motivated request of the investigator.
In exceptional cases, a compulsory examination may be carried out without a warrant. This happens when the police carry out investigations "in hot pursuit." But even with such a turn of the case, the investigator is obliged to notify the judge of the search within 24 hours by transmitting the inspection protocol recording the results of the object’s investigation.
How to get an order
The investigator must describe all the facts that indicate that the place to be searched contains evidence of a crime. As a rule, such facts are the testimonies of witnesses, which are attached to the order application submitted to the court.
For example, an informant said that a person was involved in drug trafficking directly from his home. The investigator submits an application and, after its approval, searches the premises for illicit drugs or their precursors.
Type of document
The decision contains the following mandatory parts, and here is what a search warrant looks like:
- The name of the body that reviewed the case file and made the appropriate decision.
- The motivated part, on the basis of which the decision is made. As a rule, it contains the circumstances of the case known to the investigation.
- Resolution - the final decision of the court or investigator containing the name of the investigated object.
- Signature and stamp.
A sample search warrant issued by the court is as follows.
The investigator’s decision looks approximately the same. In addition to the court, an investigator may issue a search warrant in Russia. This is only possible provided that a compulsory examination is not carried out in a residential building, since this is limited to paragraph 3 of Art. 182 Code of Criminal Procedure.
In Soviet Russia, the criminal procedure document was slightly different. The search procedure for the home was much simpler, and the sample search warrant looked as follows.
Now the document is compiled differently. As you can see, the concept of "search warrant" came from Soviet criminal law. Now such a document is called a “search warrant,” which does not change its essence.
Validity of a search warrant
At the moment, the criminal law of Russia does not limit the decision to specific dates for the procedure. In the days of the Soviet Union, a search warrant was issued for a limited duration. Usually it was no more than a few days.
Of course, all police officers understand that the faster a forced examination is made, the more likely it is to find evidence of a crime.
However, the decision itself is limited only by the terms of the investigation of the criminal case, which is limited to two months (in exceptional cases it can be extended to three, four and six months).
Search Algorithm
Before conducting a survey of the object under investigation, police officers should involve witnesses in the procedure, the number of which may vary depending on the number of parallel objects under investigation. But the number of witnesses must be doubles, that is, at least two people.
Starting to conduct a search, the investigator must submit a decision or court order authorizing this action. He must also ask to voluntarily give out all the items that are subject to seizure, according to the decree. If the suspect or another person agrees to cooperate, then in the future this will be indicated as facilitating the investigation. When handing over items of interest to the investigation, the police should not conduct a forced inspection. It is necessary to require that the record of the search indicate voluntary extradition of the items sought.
Police officers can open the doors of a dwelling or rooms only when the searched person refused to open them. A search may affect the secrets of private life, so the investigator has a duty to keep them secret.
Police officers have the right to demand that all people on the premises do not leave it until the end of the search. In addition, a ban on negotiations with each other will be a legal requirement. Nevertheless, during the search procedure, there may be a defender of the searched person who respects the rights and interests of his client.
During the search, the investigator and the person conducting the inquiry have the right to seize objects that are directly related to the criminal case or are prohibited from circulation in the Russian Federation. It is forbidden to damage the property of the searched person unnecessarily. Unmotivated damage to things entails disciplinary, civil or even criminal liability. All seized items must be demonstrated by witnesses, and then sealed with the mandatory signature of witnesses.
All persons participating in the investigative action must be in the same room. A police officer is not allowed to go to another room without witnesses. The search is carried out, moving from room to room, together with all participants in the process in order to prevent "tossing" or other illegal actions by police officers.
Search Protocol
When carrying out a search, the investigator must draw up a protocol on the actions taken. It can be drawn up both during the search and at the end of it.
The search protocol must contain the following information:
- date and place of the search;
- start and end time of the investigative measure;
- position, surname, name and patronymic of the person conducting the search;
- personal data of all people who participated in the procedure;
The protocol records all information about the seized object: weight, quantity, measure, under what circumstances it was found, issued voluntarily or forcibly removed, in which place it was found. Also, this item should be directly related to the criminal case in which the search was conducted. The seizure of items that are not relevant to the case may be appealed by an appeal to the prosecutor or the court.
When confiscating complex equipment (for example, computer equipment), it is necessary to indicate its serial and serial numbers for accurate identification. The use of technical means for conducting the survey is also indicated in the protocol, in addition, it should be noted that persons involved in the production were warned in advance about their use.
The procedure is indicated in strict sequence - the same as that followed by the police during the search. All comments that were announced by the participants in the process are also recorded in the protocol.
A copy of the protocol of the investigative action is handed over to the searched person or adult members of his family. A sample search report is provided below.
What to do to the searched person
When the police are on the doorstep and demands to open the door for inspection, you should not rush and panic, you should try to calm down and pull yourself together, because the following actions can both help and do harm:
- First of all, you need to try to take the time and call a lawyer. If it is not there, notify human rights organizations and friends, at least the latter will definitely respond and at least witnesses will be on the side of the searched person. There is only thirty minutes for this, after the police have the right to break open the doors.
- Having opened the door, it is best to check the search warrant to make sure the lawfulness of the event. Also, the investigator must demand the voluntary surrender of the items sought. Collaborate or not, decide the person who is searched. But assistance will always be compensated during the trial.
- You can’t resist - obstructing police officers can turn into an arrest.
- It is better not to respond to police inquiries (without a lawyer, a person has the right to remain silent) and silently observe, recording the data of employees, as well as all their actions carried out as part of the event.
- At the end of the search, ask for an inventory and a copy of the protocol, which the investigator must provide.
Everyone can be in a similar situation, so it is important to know your rights and obligations during the search.