What You Need to Know If Your Home or Company Is Being Searched

Imagine law enforcement officers suddenly appearing in your quiet
workplace or personal space.

In such moments, adrenaline and stress
often push us toward mistakes that later cost us dearly in legal battles.

Georgia’s Code of Criminal Procedure places strict boundaries around
searches and seizures. Knowing these rules is your best defense. Below,
we cover everything you need to know to protect your rights.

1. Legal Grounds for a Search: Court Order or Investigator’s Resolution?

An investigator may only enter your storage space, premises, or any
other property (whether a home or office) through two legal means:

– Court Order: This is the standard rule.
– Investigator’s Resolution: A search may be conducted without a court
order if there is a risk of delay (for example, the risk of evidence
destruction). However, in this case, the prosecutor must notify the
court within 24 hours, which must then verify the legality of the search.

Your Right: Before the search begins, the investigator is obligated to
present this document to you. Your signature confirms not that you
consent to the search, but that you have been informed of the document.

2. What Must Be Stated in the Search Warrant?

Do not be satisfied with the mere existence of a document. By law,
the warrant must clearly state:

– Location: The specific real or personal property and its owner —
individual or legal entity.
– Personal Search: Whether the search of a specific person is authorized.
– Object of Search: What item, object, or substance is being sought
(with its generic characteristics).
– Coercive Measures: Reference to the use of proportional force
in case of resistance.
– Time Limit: Remember — the warrant is invalid if the investigative
action does not begin within 30 days of its issuance.

3. Against “Planted” Items: The Constitutional Court’s Revolutionary Ruling

This is your strongest element of defense. The December 25, 2020 ruling
of the Constitutional Court of Georgia (No. 2/2/1276) effectively put
an end to police arbitrariness.

It was established: An illegal item seized during a search (e.g., a
weapon, narcotics) cannot be used as evidence if its presence in your
possession is confirmed solely by police testimony and, at the same time,
they could have — but did not — obtain neutral evidence (for example,
did not use body cameras or did not involve neutral witnesses).

During a search, the investigator is authorized to seize:
1. Items specified in the warrant.
2. Any other object that may have evidentiary value or indicate
another crime.
3. Items removed from civil circulation (e.g., illegal weapons).

Before seizure, the item must be presented to all parties present.
It must then be described in detail, sealed, and, where possible,
packaged. The packaging must indicate the date and the signatures
of all participants. Upon completion of the search, a protocol is
drawn up — a document that must reflect everything that occurred.

Search at a Company (Protection of Legal Entities)

If a search is conducted at a company or administrative body’s premises:
– The presence of the director or representative is mandatory.
– After the search, a copy of the protocol must be provided to the
attending representative.

For businesses, this is critical, as an improperly conducted search
can paralyze the entire work process. The involvement of a professional
attorney at this stage is the guarantee of protecting trade secrets.

The Role of Your Attorney — Your Safety Guarantee

The law does not require investigative authorities to wait for your
attorney before beginning the search; however, you have the right to
have them present during the process. Contact a qualified legal team
from the very first minute.

An attorney’s presence is not only psychological comfort — it is the
prevention of procedural violations. If an attorney arrives, the
investigator is obligated to grant them the right to attend.

The law grants you rights, but realizing them in practice is difficult
without a professional attorney. The KH&PARTNERS legal team ensures:

– Immediate Response: Our attorneys will engage in the search process
from the very beginning.
– Procedural Control: We will ensure that every item is properly
sealed and documented.
– Motion to Exclude Unlawfully Obtained Evidence: If police did not
use video recording or neutral witnesses, we will achieve the
inadmissibility of the evidence.
– Recording of Violations: We will ensure that all violations are
reflected in the search protocol, which will later become one of
the key grounds for winning the case.

Shalva Khachapuridze’s career path is unique: his experience as a
former prosecutor means he knows precisely the prosecution’s strategy,
their methods, and the potential “weak points” that investigative
bodies allow during searches.

As a successful practicing attorney, he uses this knowledge in the
interests of his clients. He knows where the investigator’s authority
ends and where the violation of your rights begins.

Our Philosophy: Calm, Reliability, and Victory!

For us, there is no such thing as a “pre-lost” case. Even the smallest
procedural mistake made during a search can become the key to your
freedom. Under Shalva Khachapuridze’s leadership, our team ensures
that no unlawful action goes unaddressed.

Don’t trust fate — trust experience!

Why Do They Trust Us?
– 33+ years of experience in law.
– 160+ lawyers in a global network.
– 2,000+ business clients and satisfied customers.
– 96% case win rate and 100+ acquittals.
– ISO standard and highest quality of service.
– Insured legal services.

International Reach
Our geography covers: Georgia, USA, France, Spain, Ukraine, Turkey,
China, South Korea, and more.

+995 595 17 17 41
info@khlaws.com
Tbilisi, Georgia