The police are in front of my door. What now? (check, search, search)

 

When the doorbell is accompanied by the words "Police, open." First of all, I really need to open - the law obliges me to cooperate with the Ministry of Interior officials. It's a good idea to ask people to identify themselves with their business cards, which they will most likely do without telling them.

 

Once I establish contact, the MoI employee will inform me of what the question is for me. There are several possibilities:

 

there has been a complaint directed at me because if my property is in a condominium mode - neighbors can make me serious headaches;

 

they want a search of my home;

 

will arrest me (for more information, see "They arrested me, what are my rights?");

 

This material examines the cases in which the police will actually enter my home. The options here are two - the search can be done without court authorization (only in exceptional cases and with subsequent approval by a judge within 24 hours) or with a court order.

 

Important: As long as I read this article, it is highly recommended before I take any action - to contact a criminal law specialist. It's not expensive and I can do this quickly and easily on this page.

 

The possibility for the MoI authorities to carry out a check in my home without the corresponding permission is extraordinary. So when the police ring my door for a complaint, for example, because of the very strong music of my collection, after I open, I can refuse to allow them to check in my home. However, MoI officers can check the premises without my consent or legal permission if they have reason to suspect me of a serious crime (possession of drugs, for example) or the concealment of a criminal. A detailed protocol is required for the search, from which I receive a copy. After verification, I can consult with a lawyer about the validity of the protocol, because if it is not correct, the search results are not valid proof because they are not collected in the appropriate order. The evidence collected is inappropriate and if the judge does not approve the minutes.

 

If the search is done under the general order, with a duly authorized court order, before the procedure starts, the employee will show me the permission in question, which, however, I would not be able to challenge on the spot.

 

I just have to make sure that the document in front of me is really a court permit to do a search (but I can challenge the court order, but it falls, and the probative value of the search result that will be unlawfully committed goes away).

 

After presenting my permission to the court, the Ministry of Interior will invite me to provide the evidence sought. Even if I hand them over voluntarily, the authorities of the Interior Ministry will still search my home, because the seizure is subject to the pre-identified objects and everything else that may be relevant to the case. However, the voluntary transfer will be in my favor in the event of a subsequent dispute over the loss of my interests in the search process (for example, if circumstances of my intimate life or damage to my property are revealed).

 

The search is done during the day and in my presence, my close relative (if I am a minor) or if I am disabled - in the presence of the co-owner of the cooperative or a representative of the mayor or the municipality (ie, the room will not help me in any way). There are only three exceptions to search within the user or substitute:

 

when police officers prevent crime;

 

when there is evidence that a person who has committed a serious crime is hiding in the room;

 

when they provide emergency assistance to people or other extreme necessity;

 

If the police are forced into my home, they should put the reason for this in the record. It is important that besides me, during the search, there should also be witnesses selected by the MoI authorities. They have no relation to the case and can play the role of impartial witnesses. The witnesses inspect the completeness of the protocol drawn up by the search and all the confiscated evidence is presented to both me and them.

 

Searching for my dwelling with or without court authorization will most likely be accompanied by a personal search for which a court permit is also required, but the search rules apply without permission - it can also be done without permission if there is enough grounds for believing that I am hiding evidence, the ground shall be entered in the minutes, the minutes shall be presented to the respective prosecutor within 24 hours. MoI officers may also forbid me to communicate with others present to prevent the evasion of evidence. It is important to know that I can only be searched by an employee of the same sex in the presence of same-sex spouses.

 

What can go wrong?

 

the search may damage my property;

 

after searching, I can detect a lack of pref