What to Do During a Search: Detailed Instructions

Here is some important information in case you ever face a search. We hope you never have to use it, but it’s best to be prepared. Let’s get started.

1. Legal Grounds for a Search

A search can only be conducted if a criminal case has been initiated. The investigator makes the decision to conduct a search and issues the appropriate order. Additionally, a search of a residence can only be carried out based on a court decision (see Article 182, Section 3 of the Russian Criminal Procedure Code). Hotel rooms and any premises intended for temporary residence are also considered residences (see Article 5, Section 10 of the Russian Criminal Procedure Code).

2. How Searches Are Conducted

Often, after a criminal case is initiated, searches are conducted simultaneously at all locations related to the case (for example, at a country house, apartment, and the office of a manager or another suspect). The procedure for conducting a search is barely regulated by law, which gives authorities significant leeway. The law allows for any premises to be opened during a search, giving investigators and law enforcement broad powers.

3. Before the Search Begins

The investigator must present the search order (and, if necessary, the court decision) before starting the search. If possible, make a copy of the order (though the investigator is not required to hand it over). Pay attention to the criminal case number listed in the order. If it’s missing, ask to see the order initiating the criminal case, which must include the number. Also, write down all the details from the investigator’s official ID. This information will be important for your attorney.

4. Voluntary Surrender of Items

Before the search, the investigator will ask you to voluntarily hand over any items or documents relevant to the case. If you refuse, the investigator will have to find them and attach them to the case materials. If you agree to hand them over, the search will likely still proceed, and anything you hand over will become part of the case evidence and will be almost impossible to remove later.

5. How the Search Is Usually Conducted

Be prepared for the following:

• All people present will be personally searched, usually at the beginning and end of the search.
• Common areas (bathrooms, showers, smoking rooms, etc.) are searched first. Do not hide anything in these places.
• Other rooms are searched next. Investigators can break open cabinets, safes, remove ceiling tiles, tear off baseboards, and even dismantle walls.
• The investigator is in full control and their orders must be followed, even if they seem unlawful. Disobedience can have serious consequences.
• Everything that happens during the search must be recorded in the official report, step by step.

6. Documentation and Seizure of Items

All participants in the search must be listed in the report, which should accurately reflect what happened (see Article 166 of the Russian Criminal Procedure Code). Anything found during the search can be seized: documents, items, money, equipment, computers, bags—everything. All seized items must be listed in the report with exact details (quantity, size, weight, unique features). For example, contracts should include their number, date, and parties; money should include bill numbers. If the investigator fails to do this, it’s a violation.

7. Common Violations During Searches

• Witnesses (brought by police) are often interested parties (friends, acquaintances, police academy students), which is hard to prove but sometimes obvious by their informal interactions with officers.
• Large numbers of law enforcement officers may search different rooms without witnesses, making it difficult to verify how items were found.
• The search report may be so brief that it doesn’t reflect what actually happened, sometimes only listing the witnesses and summarizing the search in one sentence.
• Seized documents or items may not be listed individually but simply described as “a box of documents,” with no details about how or where they were found.
• Important procedural actions (like opening rooms or breaking into safes) may not be recorded in the report, or only vaguely mentioned.
• Witnesses may be dismissed before the report is completed, with their signatures collected on blank forms or slips of paper used to seal seized items.

There are many other violations that authorities may commit during a search. Only a lawyer can properly document and use these violations to your advantage. Other participants should simply note these violations (preferably in writing). Do not point out violations to the authorities during the search—it will only provoke anger.

8. What to Do If a Search Is Conducted at Your Home or Office

If a search is being conducted and the investigator has presented the proper order, call your attorney immediately. While waiting for your attorney, or if they cannot be present, you should:

1. Check the investigator’s official ID and write down all details (if they refuse, call 911).
2. Carefully review the search order, make a copy or write down all its details if possible.
3. Ask for the order initiating the criminal case or at least the case number, and write it down.
4. In winter, ask the authorities to remove their outerwear in the hallway or cloakroom.
5. Introduce your own participants (company employees, relatives) and ask the investigator to include them in the report. If refused, state that you will add them yourself in your objections.
6. If possible, assign your people to accompany each officer and observe their actions.
7. Comply with all investigator instructions. Do not argue or interfere, but do not help them either.
8. If asked to open a safe or room, do so. Otherwise, they have the right to break it open.
9. Do not point out mistakes or violations to the investigators; just write them down separately for later.
10. No matter what is found, do not touch anything with your hands (keep your hands in your pockets or behind your back). If prohibited items are planted, do not touch them and follow the instructions for such situations.
11. Insist that all your statements are included in the report.
12. When items are seized, demand that each one is listed and described in detail in the report.
13. After the report is prepared and given to you for signature, read it very carefully.
14. Write your objections in the report, including:
    • Details of all participants (if the investigator refused to include them);
    • That the search procedure was not described accurately;
    • If the investigator was rude, note this;
    • If the investigator refused to list and describe seized items, note this;
    • If items were seized without witnesses or under unclear circumstances, note this;
    • If the report does not reflect reality, describe what actually happened.
15. Request a copy of the report; the investigator is required to provide it. Do not sign the “Received a copy of the report” line until you have the copy in your hands.

In any case, during or immediately after the search, call your attorney or legal advisor. Do not leave such matters to chance. Only a professional can make the right decisions to protect you and prevent the negative consequences that unfortunately occur in most criminal cases today.