Residential searches usually take place in the early morning hours and subject those affected—often abruptly awakened—to significant stress. As a rule, such searches are carried out on the basis of a judicial search warrant. The following basic recommendations apply to those affected by a search:
Safeguard your rights by immediately contacting your attorney—preferably a criminal defense lawyer—by phone. You have the right to consult your lawyer at every stage of the proceedings, including during a search.
Remain calm and composed. Judicial review of the search—both the fact of it and how it is conducted—is usually only possible after the event. Do not physically resist the measure, as it may be enforced by force. Resistance may quickly lead to allegations of obstruction of law enforcement officers.
Monitor police conduct. Ask to see the search warrant. This allows you to determine which parts of the home may be searched, what may be searched for, and what may not.
Protect your rights by objecting to the search and to the seizure/confiscation of items. Do not consent to the search. Do not sign anything you have not calmly read (see tip 1). Instead of signing, you may write: “I object to the search.” Objecting does not prevent you from handing over the requested items voluntarily.
Safeguard your rights by refraining from making any statements. Be aware: you may provide a statement at any time—even later—and through your lawyer. Statements already made, however, cannot be undone.
Protect your rights by requesting a seizure or confiscation record. These records are essential for reclaiming specific items.
Search Criminal Procedure Rights