Illegal search and seizure is a gross violation of citizen rights by law enforcement agencies. The Constitution of Georgia and the Criminal Procedure Code strictly define rules for conducting searches: a court order is required, or in cases of urgent necessity, reasonable suspicion followed by judicial validation. In practice, police often violate these procedures — conducting searches without grounds, failing to inform the person of their rights, not inviting neutral witnesses, or "planting" evidence. Illegally obtained evidence has no legal force and cannot be the basis for a guilty verdict. Legal.ge gives you access to lawyers specializing in identifying procedural violations who will help you invalidate the results of an illegal search.
What Does Illegal Search Defense Service Cover?
This service focuses on restoring procedural justice. Lawyers offer:
- Search Protocol Analysis: Detailed check if the protocol was drafted on-site, signed by attendees, and reflects reality.
- Urgent Necessity Assessment: Determining if the police had real grounds to conduct a search without a court order. If urgency is not substantiated, the search is illegal.
- Evidence Exclusion: Filing a motion in court to exclude items (weapons, drugs) obtained through illegal search as inadmissible evidence (the "fruit of the poisonous tree" doctrine).
- Filing Complaints: Submitting complaints to the General Inspection and Prosecutor's Office regarding illegal police actions.