Search of the apartment – consultation and calling of a lawyer during the search of the apartment

A search is one of the investigative actions that best demonstrates the process of conflict between the interests of the defense and the prosecution. This is due to the fact that each side has its own tactics and strategy. It is very important to involve lawyers from the very beginning of investigative actions, that is, at the stage of conducting a search. Consulting and summoning a lawyer during the search of an apartment are services provided by the specialists of our law firm Prykhodko and Partners.

Requirements for a lawful search

The current Criminal Procedure Code establishes clear requirements that apply to the judge’s decision to conduct a search. This resolution must necessarily contain the following elements:

• Indication of the article of the Criminal Code of Ukraine.
• Number of criminal proceedings.
• The date of the decision and the term of its validity, etc.

If at least some element is missing or the information in the decision is unreliable, this is a reason to declare the conducted search illegal.

Before starting the search, the investigator must read the court decision, which is the basis for the investigation. If during the search the investigator makes a decision to seize the object he found, he can do so, however, within 24 hours the investigator must apply to the court with a corresponding request.

In the absence of a court decision, a search cannot be conducted. Exceptions are situations where the search may interfere with, for example, the destruction of physical evidence.

An important issue is the use of technical means of fixation. Video and audio recording is mandatory during the search, both on the part of the investigative authorities and on the part of the suspect and the lawyer.

The search involves a certain order. The investigator is obliged to acquaint the suspect with the document entitled “Procedure for conducting a search”. These are procedural actions that cannot be chaotic. That is, the search must be planned – room by room.

If children are present in the apartment during the investigative actions, then it is necessary to immediately warn the investigators about this and ask whether it is possible to create conditions under which the child will not see the investigative actions.

Outsiders who have nothing to do with law enforcement agencies and law enforcement structures are concepts. Their task is to monitor the search process.

Very often the question arises: is it necessary to hand over the phone during investigative actions? Withdrawal of technical means is possible in cases where it is prescribed in a court decision.

During the search, investigators may cause material damage to the suspect. The state must compensate these losses. However, it is quite problematic to get such compensation in Ukraine today. It is necessary to record the facts of the infliction of this material damage and write a corresponding statement. This is quite a difficult task.

Functionality of lawyers during the search

It is very important to involve lawyers Prykhodko and Partners in all investigative actions, including searches. We provide a full range of services, including:

• Checking the available legal grounds for the search.
• Control over the actions of the investigator or prosecutor during the search.
• Representation of the client’s interests in court.

Our highly qualified specialists will be able to protect your interests. The key to our success is an individual approach to each client. We will develop the most effective strategy that will allow you to get the desired result.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a consultation and calling a lawyer during an apartment search, fill out the form below.