Search and Your Rights: A Complete Step-by-Step Guide

A search within the criminal procedure is one of the most important and, at the same time, one of the most intensive investigative measures, which affects fundamental human rights, including the inviolability of property and private life. Therefore, the Criminal Procedure Code of Georgia strictly regulates the procedure for conducting searches and seizures and obliges law enforcement authorities to carry out each action in full compliance with the requirements of the law.

Conducting a search does not mean that the investigation has unlimited powers. On the contrary, the law establishes both the grounds and procedure for conducting a search, as well as the rights of the person against whom the mentioned investigative action is carried out. Violation of these rules may affect both the legality of the search and the admissibility of the evidence obtained.

This guide will explain in detail, step-by-step, how you should act when the law knocks on your door, and how to turn knowledge of your rights into the best form of protection.

When a police officer stops you or visits your home for the purpose of conducting a search, your first reaction should not be aggression or panic. Remember: physical resistance will only worsen your situation.

• Request identification documents: politely, but firmly, ask law enforcement officers to present their official identification documents. You have the right to know who is speaking to you.
• Ask the reason: ask a direct question: “On what grounds is the search being conducted?”
• Request the court order: under Georgian legislation, conducting a search in a residential apartment requires a court order.

The court order must necessarily specify:

• The immovable or movable property where the search is permitted to be conducted;
• The identity of the property owner, if known;
• The person whose personal search must be carried out (if applicable);
• The probable item, document, substance, or other object to be discovered and seized, and its generic characteristics;
• The right to use proportionate coercive measures in case of resistance.

Important exception (urgent necessity): the law allows a search to be conducted without a court order if there is an “urgent necessity” (for example, a real risk of destruction of evidence or pursuit in the act). However, even in such cases, the police are obliged to apply to the court within 24 hours after the search in order to confirm its legality.

A court order loses its legal force if the search has not commenced within 30 days from the date of its issuance. Therefore, a citizen has the right to pay attention to the date of the order as well.

What must the investigator do before the beginning of the search?

Before the search begins, the investigator is obliged to:

• Present the court order to you, and in case of urgent necessity – the relevant resolution;
• Request you to confirm with your signature that you have reviewed the mentioned document;
• Offer you the voluntary surrender of the item, document, or other object specified in the order.

If you voluntarily hand over the mentioned item, this fact is recorded in the official record. Only if you refuse or do not fully surrender the item, the investigator has the right to carry out a compulsory seizure.

Documenting the Process (Video and Audio Recording)

In the modern era, technology is your best defender. If the search is being conducted in a public place, you or persons standing beside you have the full right to record video. The police do not have the right to take away your phone solely because you are documenting their actions (unless the phone itself is an object of the crime). If the search is conducted at home, request that the police use a body-worn camera or ensure continuous video recording of the process themselves.

What rights do you have during the search?

During a search, you are not obliged merely to observe the process. The law grants you a number of important rights, including:

• Requesting identification of law enforcement officers;
• Reviewing the court order;
• Requesting the participation of a lawyer;
• Making comments and remarks in the search record;
• Receiving a copy of the official record;
• Appealing an unlawfully conducted search.

At the same time, under the law, the investigator has the right, until the completion of the search, to prohibit persons present at the location from leaving the area or communicating with each other and with other persons. Such restriction must necessarily be reflected in the search record.

Preparation of the Record and the Importance of Remarks

After the completion of the search, a search record is necessarily prepared. This is a highly important document on which the court will rely in the future.

Read every word: do not sign a blank or partially completed document.

Record your version: the record contains a special section called “Remarks.” If you believe that an item was planted on you, if the police used force, or if your rights were not explained to you — write exactly this in the remarks section. For example: “The mentioned item does not belong to me; the police themselves removed it from my pocket/bag, and I was not present during the process.”

Request a copy: you are legally entitled to receive a copy of the search record. Be sure to obtain it from the investigator.

What may be seized during a search?

First of all, items specified in the court order are subject to seizure.

However, the law also allows the investigator to seize:

• Any other object that may have evidentiary value;
• An item that clearly indicates another crime;
• An item or substance withdrawn from civil circulation.

Each seized item, where possible, must be presented to the persons participating in the search, described in detail, sealed, and packaged. The packaging must indicate the date and contain the signatures of the participants, except for documents whose sealing is impossible due to their content.

Can a locked room or safe be opened?

If a person refuses to open a locked storage area, facility, compartment, or other possession, the investigator has the right to open it independently while complying with the requirements of the law.

Golden Rule: The Right to Remain Silent and Involvement of a Lawyer

The most important right guaranteed to you by the Constitution of Georgia is the right to remain silent and the right to have a lawyer.

You are not obliged to provide testimony against yourself. You may respond to any question: “I exercise my right to remain silent and will not answer questions until my lawyer arrives.”

Frequently, in stressful situations, people say something that is later used against them. Even an apparently minor procedural violation committed during a search may become decisive in the future. Therefore, it is important that a lawyer becomes involved in the case from the very first minutes, who will verify whether the requirements of procedural legislation were fully observed, whether the search and seizure record was properly prepared, and whether there are grounds to challenge illegally obtained evidence.

Professional legal assistance often determines not only the outcome of a specific investigative action but also the outcome of the entire criminal case.

Personal Search — What You Need to Know?

If there is a reasonable suspicion at the location of the search that a person has concealed an item subject to seizure, a personal search of that person may also be conducted without a prior court order. Such a case is considered an urgent necessity under the law.

If a personal search involves undressing, it must necessarily be conducted by a person of the same sex, and only representatives of the same sex may participate in the process. This requirement is one of the important guarantees for the protection of human dignity and private life.

A search is not merely an investigative action — it is a process where a person’s fate is often determined. Even a minor procedural mistake made by the police (for example, an unauthorized search, incorrect completion of the record, failure to explain rights) gives our qualified lawyers the opportunity to have the evidence obtained as a result of the search declared invalid in court. Specifically, an item obtained through an unlawful search has no legal force.

The KH&PARTNERS team is ready to protect your interests on a 24/7 basis. Our experienced criminal law attorneys ensure:

• Immediate appearance at the search process;
• Prevention of abuse of authority by law enforcement officers;
• Detailed analysis and appeal of the legality of investigative actions.

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