If law enforcement comes to your home to conduct a search: what to do and what not to do — a guide from a lawyer

It happens unexpectedly. Always.

Over the years I’ve worked at the prosecutor’s office, I’ve personally participated in dozens of searches. Now, as a lawyer, I defend people who are being searched.

The biggest problem isn’t the search itself. The problem is that people don’t know their rights in that moment and make mistakes that can’t be corrected later.

Step 1. Don’t open the door right away—check the documents

You have the right to demand, through the closed door, that they present: the investigating judge’s warrant authorizing the search, the official IDs of everyone who has come, and the order to conduct the search.

Exceptions: If the investigator cites urgency, they may enter without a warrant. But this does not mean the search is automatically lawful. Urgency must be proven—and we will verify it.

What to do: Ask to see the documents. Write down or photograph the warrant number, date, and the issuing authority.

Step 2. Call a lawyer immediately

This isn’t just advice—it’s your right, guaranteed by Article 20 of the Criminal Procedure Code of Ukraine. A search cannot begin until the lawyer arrives, provided you have called one and notified the investigator—unless the lawyer fails to appear within a reasonable time.

Don’t wait. Call immediately as soon as you see people in uniform at the door.

What not to do: Don’t say “I’ll handle this myself” or “I have nothing to hide.” This isn’t about whether you have something to hide. It’s about following procedure.

Step 3. Do not obstruct—but document everything

Obstructing a lawful search is a criminal offense. Therefore, do not physically interfere. But you have the right to remain silent, the right not to provide explanations, and the right to document everything that is happening.

If possible, start recording on your phone. Record: who is taking what, where it was found, and how the investigators are behaving.

Every procedural violation by the investigators is a potential basis for having the evidence obtained ruled inadmissible. And inadmissible evidence is evidence that does not exist in the case.

Step 4. Read the search report carefully before signing it

A search report is a legal document. Anything not included in it does not officially exist. Anything recorded incorrectly will be used against you.

Before signing: read it in its entirety, check the list of seized items, and insist on having your comments included if there are any violations.

You have the right to refuse to sign the report or to sign it with comments. This is not a crime—it is your procedural right.

What not to do: Do not sign anything in a hurry under pressure from the phrase “it’s just a formality.”

Step 5. After the search—act quickly

If the search was conducted with violations—you have a time limit to file an appeal. Delaying means losing your right to a defense.

What can be challenged: the legality of the grounds for the search, procedural violations, the unlawful seizure of property unrelated to the case, and actions by investigators that exceed the scope of the warrant.

Having evidence ruled inadmissible at an early stage of the proceedings is one of the most effective defense tools. But the window of opportunity for this is limited.

Common mistakes I see most often

“I’ll explain everything—I have nothing to fear”—explanations given without a lawyer often become grounds for suspicion. Remaining silent is not an admission of guilt; it is a procedural right.

“I’ll sign, and then we’ll figure it out”—once you’ve signed the report without objection, it’s much harder to challenge the violation.

“I’ll call a lawyer later”—later might be too late. You need a lawyer during the search, not after it.

“This is just an inspection, not a search”—any entry into a home or office for the purpose of searching and seizing is a search subject to the relevant procedural requirements, regardless of what the investigator calls it.

In short: your action plan

1. Demand documents through a closed door

2. Call a lawyer immediately

3. Do not obstruct, but record everything on video

4. Remain silent—do not provide any explanations without a lawyer

5. Read the report carefully and make notes

6. After the search—go straight to a lawyer to assess any violations

From the Author

My 19 years in the prosecutor’s office have taught me one thing: the outcome of a case is often determined not in the courtroom, but in the first few hours following an arrest or search. What you say or sign at that moment can become decisive evidence—for or against you.

Knowing your rights is not evading the law. It is using the law the way it is meant to work.

If you find yourself in such a situation or want to consult in advance—don't hesitate to get in touch with us.

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