If you came to your home ...

Tips for a lawyer

1
They called you on the door and told you: they came to take a search. The first thing you should do: make sure that these are really law enforcement officers, since there are situations when criminals with fake documents penetrated the house under the guise of police. Call the local police station: either ask to come to the district police officer, or specify the attendant, whether this is so and who specifically (surname, title) leads the group. Be sure to inform those who are behind the door that you check the information: otherwise they can hack the door or go through the window, the balcony - they have the right to do so in accordance with Art. 182 Code of Criminal Procedure.
2
After you opened the door, law enforcement officers are required to present you with a decision on the search. This decision can only be made by the court (there is an exception, but they are extremely rare). Read it carefully, rewrite the basic data from there (the criminal case number, which body is investigated, who is specifically instructed to seize you), then ask the people who enter your apartment, introduce yourself and, if possible, rewrite the data of their certificates. This is your right, but you may refuse it.
3
The next step: say that you want a search from the very beginning to be carried out in the presence of your lawyer. If you are refused this, inform the investigator or the senior by the rank that you consider this a violation of your rights, and then be sure to then bring this fact into the search protocol. But do not interfere with police officers in the search. This can be regarded as resistance or, God forbid, even as the use of violence against a representative of the authorities (for example, you pushed the investigator from the children's cabinet). This is Art. 318, part 1 of the Criminal Code - term up to 5 years or Art. 319 of the Criminal Code - “Insulting a representative of power”: a fine or mandatory or correctional labor. Even if you get off only a fine (up to 40 thousand rubles) - you will be considered convicted!
4
Carefully count the persons present during the search: their number, surnames, names and patronymic, place of work and positions should be indicated in the search protocol; If you do not find this in the protocol, enter the data yourself in your comments in the protocol and indicate that the investigator did not. This all can then be useful in court.
5
The search should be carried out in the presence of witnesses. These are citizens who, according to the law, are present during the search as independent observers. That is why they should not be connected with law enforcement agencies. However, in recent years, police officers often use their unspoken assistants as witnesses, whose impartiality cannot be counted. Therefore, carefully follow their movements around the apartment. If something in their behavior testifies to their acquaintance with the police or they do not monitor the search-then be sure to indicate this in the search protocol, the copy of which you must give you a copy after its preparation and signing.
6
Often during the search, video shooting is carried out, check in the protocol whether the investigator indicated this; If not, then indicate in your comments.
7
You have the right to be present during the search, therefore, if the search is simultaneously carried out in different premises of your apartment or house, tell the investigator that you insist that the search is in stages and you could monitor what is happening. If the investigator refuses you, then indicate this in your comments.
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Do not interfere with police officers in the search. This can be regarded as resistance or, God forbid, even as the use of violence

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8
If you have a safe or a closed room in your apartment, then at the request of the investigator you must open them; Otherwise, the castle will be hacked or the box will be taken away, noting this in the protocol.
9
If you remove things, objects, papers, documents - and during the search everything that the investigator considers to be related to the case can be removed - carefully make sure that all this is entered into the protocol, otherwise you may not get it back.
10
The investigator has the right to prohibit you and other persons in the apartment, leave it and communicate with each other and with other persons. If the search is not made in your home, but you ended up in this room at that time and you were forbidden to leave it, then you are considered actually detained and, accordingly, immediately get the right to invite your lawyer. If you are forbidden, then fix it in the search protocol.
11
Once again - this is very important: according to the results of the search, even if nothing is removed from you, a search protocol is necessarily drawn up! Require a copy of the protocol. Where they will make this copy is not your care. The protocol should be signed by all participants in the search, and most importantly, no matter how tired you are - make all your comments into it. If you do not, then neither you nor your lawyer will be able to prove the fact of violations in court.
12
The investigator must take all the necessary measures so that the circumstances of both your private life and other persons are not announced during the search, as well as information that constitutes personal or family secrets. This is guaranteed by Art. 23, part 1 of the Constitution of the Russian Federation, as well as Art. 182, part 7 of the Code of Criminal Procedure.
13
A personal search, that is, a search of the human body, his clothes or things located with him, is also carried out only on the basis of a court decision. Exception: if you are detained as a suspect or present during a search and there is reason to suspect that you have hidden something on yourself. But only the faces of the same sex can search you.
14
The search of the dwellings and a personal search can be carried out without a court decision only in cases that are not upset, and then within 24 hours the court is obliged to verify the legality of such a search and make a decision on its legality or illegality.