On December 4, Georgian police unexpectedly began conducting searches at the offices of opposition parties and the homes of civil activists.
Live footage showed that, in some cases, law enforcement officers prevented property or office owners from entering the premises.
This JAMnews article offers essential tips on what to do if the police decide to search your private property or workplace.
Advice provided by Londa Toloraia, founder of the NGO “Rule of Law Center.”
What document must an investigator present to conduct a search?
A court order or an investigator’s warrant.
Who must be present during a search?
For apartment searches: The property owner must be present.
For office/organization searches: The director or representative of the organization must be present.
An attorneyalso has the right to be present, and the search cannot proceed without them.
Mandatory procedures before a search
Before the search begins, the investigator must:
Identify themselves and introduce those accompanying them to the property owner or organization representative, explaining the reason for the visit and the grounds for the search.
Provide the court order or investigator’s warrant, which must be acknowledged with a signature.
Explain the rights and obligations of those present and the procedures for the search.
Notify those present if audio or video recording is being conducted.
The property owner, organization representative, or attorney may request audio and video recordings of the search. If this request is not met, it must be noted in the report.
How should the search be conducted?
Before starting, the investigator must offer the owner an opportunity to voluntarily surrender the items listed in the warrant. If refused, the search begins.
Investigators may open locked cabinets only if the person being searched refuses to do so voluntarily.
Items found must be shown to those present before being seized.
Seized items must be described in detail by the investigator, packed, and sealed with the date and signatures of those involved.
Searches of multiple areas cannot be conducted by separate investigators simultaneously. Observers must have continuous access to monitor the process.
Search report
The search report must be written during or immediately after the investigative action.
It must document the entire search process.
After the search, the report must be presented to all participants for review and signature.
If someone refuses to sign, this must be noted in the report, with the refusal confirmed by the investigator’s signature.
Those refusing to sign may explain their reasons, which will also be noted in the report.
A copy of the search report must be provided to the property owner or organization representative.
Additional advice from Saba Brachvelli, lawyer for the Soros Foundation:
If police arrive at your home to conduct a search, do not panic. Call the hotline: 577 07 05 63.
Before opening the door, start a live stream on social media from your smartphone (this is your right). Live video is preferable to recordings that can be deleted by authorities later.
Do not allow the search to begin before your lawyer arrives. If possible, avoid opening the door until then.
You can demand to see the search warrant.
During the search, try not to let officers move freely between rooms. If they do, record everything on video and live-stream it.
