The search of a residence by the police is a procedural action that significantly intrudes upon the privacy of the inhabitants. Therefore, officers cannot conduct it arbitrarily. There must be reasonable grounds to suspect that a sought person or items relevant to criminal proceedings are present at the location. In certain cases, the police may enter the premises without a prior court or prosecutor's order, but such an action is subject to strict legal requirements and subsequent review.
According to Article 219 of the Code of Criminal Procedure, the search of premises may serve to detect, detain, or forcibly bring in a suspect. Its purpose may also be to find items that constitute evidence in the case or are subject to seizure in criminal proceedings. The conducting authority must have reasonable grounds to suspect that the sought person or items are indeed located at a specific place. Therefore, the search should not be random or serve merely to seek evidence to initiate a case. The scope of actions taken must strictly correspond to its stated purpose.
The police may search premises without a warrant, but only in urgent situations. The rule is to conduct this action based on a court or prosecutor's order, which must be shown to the person present at the premises. However, if issuing such a document in advance was not possible, officers may present an order from the unit's head or their service ID. Subsequently, the authority must promptly seek approval from the court or prosecutor for the conducted search. This exception does not imply full discretion for police actions.
Before commencing the action, it is advisable to request to see the court or prosecutor's order and verify which premises, persons, and items it pertains to. In the case of actions taken without a prior order, the order from the unit's head or details from the officers' service ID should be verified. The person at whose premises the search is conducted may request the inclusion of a demand for the delivery of the approving order in the protocol. This document should be delivered to them within seven days from the date of the action. Officers are obliged to inform them of this right. Any doubts regarding the presented documents should be consulted with a criminal defense attorney.
Before commencing the action, officers should inform about its purpose and call for the voluntary surrender of the sought items. The resident has the right to be present during the entire search. They may also designate another person whose presence will not prevent or significantly hinder police actions.
During the action, it is advisable to:
If the host is not present, at least one adult household member or neighbor should be called to participate in the actions. The search should be conducted with respect for dignity and privacy, and without causing unnecessary damage. After the actions, the protocol should be read thoroughly, and it should be ensured that all reported objections are included.
The search of residential premises at night is permissible only in urgent cases. The regulations define night time as the period from 10:00 PM to 6:00 AM. If the action began during the day, it may continue past 10:00 PM. Different rules apply to premises accessible at night to an unspecified number of people and rooms intended solely for storing items. The mere late hour does not determine the unlawfulness of actions, but the authority must be able to demonstrate the justification for undertaking them. A sudden search may be combined with detention, therefore the assistance of an attorney in case of arrest allows for effectively safeguarding the interests of the person involved in the proceedings.
Items surrendered or found during the search should be thoroughly described, listed, and properly secured. The entitled person should be issued a receipt specifying what was seized by the officers. If the seized document contains information covered by professional secrecy, other legally protected secrecy, or is of a personal nature, the conducting officer should be immediately informed. The regulations then provide for a special procedure for securing such material. The protocol should specify, among other things, the purpose of the action, place, time, list of participants, and inventory of seized items. The document should not be signed without first ensuring that it fully corresponds to the actual course of events.
Physically blocking entry or hindering the conduct of a procedural action is not an appropriate way to protect one's rights. Instead, one should demand the legal basis, report all comments, and insist on their inclusion in the protocol. Irregularities may concern, among other things, the lack of grounds for the action, exceeding its scope, improper handling of items, or violation of the residents' dignity. A complaint may be lodged against the order concerning the search, seizure of items, and other actions by persons whose rights have been violated. In preparatory proceedings, it is reviewed by the competent district court. In such circumstances, an attorney can thoroughly analyze the documentation and assess the validity of challenging the actions taken.
The person at whose premises the search is conducted may designate an attorney as an accompanying person during the action, provided it does not prevent or significantly hinder police actions. Officers are not obliged to delay the action while waiting for the lawyer's arrival, especially if the delay could risk the loss of evidence. However, it is advisable to contact a law firm as soon as possible and provide information on the legal basis, scope of the action, and secured items. The lawyer can provide immediate instructions by phone, help formulate comments to the protocol, and subsequently verify the legality of the search and prepare an appropriate appeal.
The police may enter a residence without a prior court or prosecutor's order, but only in urgent cases and with adherence to the procedure of subsequent approval of the action. The resident has the right to know the purpose of the search, verify the presented documents, control the content of the protocol, receive a receipt for seized items, and report objections. If the police search of a residence was conducted in violation of regulations, the person whose rights were violated may avail themselves of the legal remedies provided by law.
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