What to do during a search: Step-by-Step Guide

A search is one of the most stressful procedural actions and often takes a person by surprise. In such circumstances, it is crucial not to panic and to act strictly within the law. Understanding a clear sequence of actions allows you to maintain control, minimize risks, and protect your rights.

This guide provides key recommendations to help you navigate: what to do before a search begins, how to behave during the search itself, and which steps to take after it is completed.

1. BEFORE THE SEARCH (PREPARATION FOR “X” DAY)

1.1. Digital hygiene and information security

• Regularly clean up your workspace and home: do not store unnecessary media (old flash drives/discs), extraneous items, or other people’s documents.

• Store critical data in secure cloud storage/servers with controlled access; keep only the minimum necessary locally.

• Use a password manager; passwords should be long (12–16+ characters), unique, and changed periodically.

• Enable two-factor authentication wherever possible (preferably through an authenticator app, not SMS).

• Encrypt disks/smartphones (FileVault/BitLocker/built-in Android/iOS encryption) and use a PIN/password instead of biometrics. ⚡ Tip: you may be forced to use biometrics or tricked into doing so.

• Make regular encrypted backups (offline or in the cloud).

• Set up quick screen lock; learn how to instantly disable biometrics. ⚡ Tip: on iPhone press the lock button 5 times quickly; on Android press it 10 times. This disables biometric login, leaving only PIN/password access.

1.2. Order in documents and access

• Separate work and personal devices/accounts (minimize BYOD).

• Limit the number of people with access to sensitive items (documents, keys, safes). Keep a list of who has access.

• Use only keys that can be remotely deactivated; do not rely on a single lock or alarm. Combine several methods, including cameras with cloud storage (otherwise footage may be used against you).

• Organize paper originals, label volumes/indexes for quick identification; destroy unnecessary documents or store them off-site.

1.3. “Go-bag” and instructions

• Prepare a go-bag: copies of passports/incorporation documents, list of lawyers/contacts, power bank, chargers, notebook, pen, and printed memos (which can be shown to investigators).

• Prepare templates of statements/motions (e.g., to record comments in the protocol, request document copies, request the return of temporarily seized property).

• Develop internal instructions for colleagues/family: who notifies the lawyer, who accompanies investigators in each room, who records video. ⚡ Tip: use a separate camera with a new memory card rather than a phone, since phones can later be seized.

• Set up “emergency alerts”: create a group (family/colleagues/lawyer) with a predefined signal and a hotkey for mass notification. ⚡ Tip: use messengers that don’t disclose group members.

• Ensure lawyer access: agree in advance on routes, parking, passes, and concierge contacts so they can quickly enter.

1.4. About the lawyer

• Arrange 24/7 readiness (hotline number). Introduce them to your office/home and colleagues; conduct periodic briefing sessions.

• Agree who communicates with investigators before the lawyer arrives (answer questions only after consultation).

• Remember: the lawyer must be admitted at any stage of the search. Record any attempt to deny access on video (this may affect admissibility of evidence).

2. AT THE START OF THE SEARCH (“KNOCK AT THE DOOR”)

2.1. First steps

• Stay calm. Lock phones/laptops and keep them with you at all times. ⚡ Tip: everything in your possession is considered a personal search, and investigators must wait up to 3 hours for your lawyer if you request one.

• Call your lawyer immediately (briefly: address, who is present, case number if available).

• Through the door, ask to see official IDs and the court order. You must be provided with a copy of the court order before execution begins. Keep it with you or give it to your lawyer. Do not leave it unattended. Record every page on video.

2.2. Verifying the court order

• Once the lawyer is informed, check: the address/premises/subject, validity period (max 1 month), who filed the motion, on what legal basis, and which items/documents/persons are sought.

• Establish the exact scope of the search. Any actions beyond it are inadmissible.

• Request clarification of your rights; demand video recording from your side. ⚡ Tip: if recording on your phone, send videos in real time via messenger to your lawyer or family.

2.3. Initial statements (concise and on record)

• “I request my lawyer’s admission.”

• “I request continuous video recording of the search and a copy of the protocol and annexes afterwards.”

• “I request the participation of two neutral witnesses (attesting persons) and ask to see their IDs.”

2.4. Important limitations

• Searches are generally not allowed between 10 p.m. and 6 a.m., except as provided by law.

• The investigator/prosecutor may forbid anyone from leaving until the search is over. Plan for lawyer logistics accordingly.

3. DURING THE SEARCH

3.1. Control and presence

• Accompany investigators in every room; do not leave them unsupervised.

• Assign colleagues/family members to monitor separate rooms.

• Record the entry/exit times of each participant. If someone disappears from view, say it aloud and request it be noted in the protocol.

• Avoid substantive explanations without your lawyer; exercise your right to remain silent.

3.2. Video and witnesses

• Insist on uninterrupted video recording; the recording is an integral part of the protocol, and unrecorded actions cannot be used as evidence.

• Ensure the presence of two neutral witnesses; verify their IDs.

3.3. Scope and subject of the search

• Remind investigators of the search objective. Actions beyond it are violations. Record them in statements for the protocol.

• Electronics: entire systems/phones cannot be seized unless specified in the order or under special circumstances. Normally, data is copied with a specialist.

• Items not listed in the order and not prohibited are considered temporarily seized property (subject to further procedures).

3.4. Communication

• Remain calm, avoid confrontation. Do not obstruct lawful actions.

• State all violations aloud and demand they be recorded in the protocol.

• Any requests to unlock devices — only after consulting your lawyer.

4. AFTER THE SEARCH: PROTOCOL AND SEIZED PROPERTY

4.1. Search protocol

• Take your time, carefully read the protocol and annexes. Before signing, add written comments (all procedural violations, discrepancies). Ensure no blank spaces remain.

• All participants, including witnesses, sign the protocol. Always take your copy of the protocol and the list of seized items.

• Confirm the video recording is attached to the protocol. Request to review it if there are doubts.

4.2. Description of seized property

• Require a detailed description of each item (model, serial number, condition, completeness of accessories).

• For documents: number of pages, period, original/copy. Request that items be packaged to avoid damage.

• If documents are seized, compile a register and request permission to make copies immediately.

4.3. Classification of seized items

• If an item is not specified in the court order and is not prohibited, it is considered temporarily seized property. The investigator must then request a court arrest order or return it.

5. AFTER THE INVESTIGATORS LEAVE (FIRST HOURS/DAYS)

5.1. Immediate actions

• Debrief with your lawyer: who did what, when, which violations occurred, what was seized, whether copies were provided.

• Assess physical/digital security: change passwords, check devices for spyware, replace locks if needed.

• ⚡ Tip: if your SIM card/phone was inspected, avoid using it to discuss case details.

5.2. Handling seized property

• Monitor procedural deadlines for the investigator to apply for arrest of seized property. If missed, file motions/complaints for its return.

• If electronics were not specified in the court order and no grounds exist, this is an argument for swift return.

5.3. Documents and evidence of violations

• Request a copy of the video recording (as an annex to the protocol) or record refusals.

• Save all photo/video evidence taken by you, your lawyer, or witnesses. Preserve footage from security cameras (including neighbors’).

• Prepare complaints about denial of lawyer access, lack of witnesses, obstruction of video recording, exceeding the order’s scope, etc.

5.4. Communication and publicity

• Stay restrained on social media; coordinate messages with your lawyer (to avoid harming your defense strategy).

• If necessary, prepare a neutral press comment (fact of search, procedural position, without case details).

Key takeaway: Preparation and a clear action plan will help you remain confident, safeguard your rights, and reduce risks during a search.