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.
Real-World Scenarios When You Need This Service
Illegal searches can occur during:
- Street Stops: Police stop a citizen and conduct a full search without reasonable suspicion (instead of a superficial "frisk").
- Home Entry: Law enforcement enters a home without a warrant, allegedly based on information, and conducts a search.
- Vehicle Search: Stopping a car and searching the trunk/cabin without legal grounds.
Georgian Legal Framework and Regulations
Searches are regulated by the Criminal Procedure Code of Georgia. The Code states that a search requires a judge's order. Searches conducted due to urgent necessity must be submitted to a judge for legality verification within 24 hours. The Constitution of Georgia also protects privacy. A lawyer uses these norms to defend the client.
Service Process
Working with a lawyer on Legal.ge involves:
- Document Review: Examining the search protocol and court order (if any).
- Strategy: Identifying procedural violations.
- Court Battle: Invalidating evidence at the pre-trial hearing.
Why Choose Legal.ge?
Illegal searches often lead to the conviction of innocent people. Our lawyers will fight to ensure procedural violations do not go unanswered and your rights are restored.
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