If the police are searching your home, it is important to know your rights and to act calmly, thoughtfully and within the bounds of the law. A search is one of the most intensive investigative actions in the criminal process and is often used in drug, economic, corruption, cybercrime and other criminal cases.
Many people search on Google: “The police are searching my home, what should I do?”, “What rights do I have during a search?”, “Can the police take my phone?” or “When is a search lawful?”
If a search is taking place in your home, it is important to know that Georgian legislation defines both the powers of the investigative authority and the rights of the citizen.
What is a search?
A search is an investigative action whose purpose is to:
- discover items related to the crime;
- gather evidence;
- seize documents;
- discover electronic devices;
- record traces of the crime.
A search may be carried out:
- in a residential house;
- in an apartment;
- in an office;
- in a vehicle;
- on other property.
Can the police carry out a search at any time?
No.
As a rule, a court ruling is required for a search.
However, in urgent cases provided for by law, a search may be carried out even without prior court authorization, the lawfulness of which is then reviewed by the court.
That is exactly why it is important to assess the legal basis of the search.
What should I request before the search begins?
If possible, familiarize yourself with:
- the court ruling;
- the identity of the investigator or prosecutor;
- the grounds for the search;
- the details of the search protocol.
In any case, it is advisable to contact a criminal defense lawyer immediately.
Should I obstruct the search or not?
No.
Physical resistance to a search is not recommended.
Any comment, complaint or violation should be recorded legally and not through conflict.
What rights do I have during a search?
During a search, a citizen has the right to:
- request a lawyer;
- be present during the search;
- familiarize themselves with the search protocol;
- record comments;
- request a description of the seized items;
- receive a copy of the search protocol.
Can the police take a phone or computer?
Yes.
If the investigator believes that the device may contain information important to the case, it may be seized.
In practice, the following are often seized:
- mobile phones;
- laptops;
- computers;
- memory cards;
- flash drives;
- other electronic devices.
Should I unlock my phone or give the police my password?
This issue always requires an individual legal assessment.
Before taking any action, it is advisable to consult a lawyer.
What should I pay attention to during the search?
It is especially important:
- who is conducting the search;
- what items were seized;
- where they were found;
- how the items were described;
- whether the protocol is drawn up correctly.
Any inconsistency may later become an important argument for the defense.
What is the search protocol?
After the search is completed, an official document is drawn up – the search protocol.
The protocol reflects:
- the actions carried out;
- the seized items;
- the persons involved;
- comments.
Before signing, carefully read its content.
If you disagree with a particular circumstance, request that it be recorded in the protocol.
Can an unlawful search be challenged?
Yes.
If there is a suspicion that the search was carried out in violation of the law, the defense can raise the relevant legal issues.
In some cases, evidence obtained in violation of the law may be declared inadmissible.
Why is the timely involvement of a lawyer important?
A search is often the stage at which the investigation gathers the main evidence.
An experienced criminal defense lawyer assesses:
- the lawfulness of the search;
- the court ruling;
- the manner in which the evidence was obtained;
- the status of the seized items;
- the existence of procedural violations.
Decisions made at this very stage can have a significant impact on the outcome of the entire criminal case.
Why choose Chikovani Law Office?
Chikovani Law Office represents clients in criminal cases, drug crimes, economic crimes, cybercrimes and other criminal proceedings.
Our team protects clients’ interests at every stage of the search, arrest, interview, measure of restraint, court hearing and appellate proceedings.
If you are looking for a criminal defense lawyer in Tbilisi, a Criminal Defense Lawyer in Georgia or a lawyer for a search-related case, Chikovani Law Office is ready to provide you with professional legal assistance.
Frequently Asked Questions
Can the police carry out a search in my home?
Yes, where the grounds provided for by law exist.
Can I call a lawyer?
Yes. It is advisable to contact a lawyer as soon as the search begins.
Can the police seize a phone?
Yes, if it is considered important evidence for the case.
Should I sign the search protocol?
Before signing, you should carefully read its content and record all comments.
Can an unlawful search be challenged?
Yes, where the appropriate legal grounds exist.
Legal Assistance
If the police are searching your home, office or vehicle, contact a professional criminal defense lawyer immediately.
Chikovani Law Office – Criminal Defense Lawyer in Tbilisi | Criminal Defense Lawyer in Georgia | Search and Seizure Defense
Tel: +995 555 15 13 13
Email: chikovani.lawoffice@gmail.com
Website: www.chikovanilaw.com
