Unlawful Search and Seizure Defense: Protecting Rights in Criminal Proceedings
Search and seizure is one of the most powerful investigative actions, intruding heavily into a person''s private life and property rights. In Georgia, police have the right to conduct searches, but only under strictly defined rules outlined in the Criminal Procedure Code and the Constitution. Unfortunately, in practice, law enforcement often violates these rules: conducting searches without a warrant when there is no urgent necessity, denying the person the right to call a lawyer, or, in the worst cases, planting evidence (e.g., drugs or weapons).
Evidence obtained through an unlawful search is legally void and cannot be used to convict a person (the "fruit of the poisonous tree" doctrine). However, proving this illegality is a complex process requiring immediate lawyer intervention. Many citizens, lacking legal knowledge, sign search protocols without objections, inadvertently legitimizing the police''s illegal actions. Qualified defense is essential to document violations and use them in the client''s favor.
What Does Defense Against Unlawful Search Cover?
Lawyers on Legal.ge offer defense in cases of illegally conducted investigative actions:
- Checking Search Legality: The lawyer checks if a judge''s warrant existed. If the search was conducted under "urgent necessity," the lawyer will challenge the existence of such necessity in court.
- Analysis of Protocol and Body Cams: Detailed comparison of the search protocol and body camera footage. Videos often reveal violations not reflected in the written protocol (e.g., the search started before the camera was turned on).
- Motion to Suppress Evidence: If the search is proven illegal, the lawyer files a motion to exclude seized items (weapons, drugs) as admissible evidence, which often leads to case dismissal or acquittal.
- Court Representation: Within 24 hours, the court must validate the legality of a search conducted under urgent necessity. A lawyer''s participation in this hearing is critical.
Common Situations and Real-World Scenarios
Issues with unlawful searches often arise in:
- Vehicle Searches: Police stop a car and search it based on "operative information" without a warrant.
- Stop and Frisk: Stopping a citizen on the street and emptying their pockets based on suspicion, often violating procedural norms.
- Home Raids: Law enforcement entering a residence in the early hours without a lawyer present.
- Digital Devices: Seizing and inspecting mobile phones or computers without the appropriate sanction.
Georgian Legislation and Legal Framework
Article 13 of the Constitution of Georgia and Articles 119-121 of the Criminal Procedure Code regulate search and seizure rules. The basic rule is that a search must be conducted with a court warrant. An exception is urgent necessity (when evidence might be destroyed), but even then, police must apply to the court for legitimation within 24 hours. The law explicitly states that evidence obtained in violation of the law has no legal force (CPC Article 72). Also, a person has the right to demand a lawyer''s presence if it does not impede the investigative action.
Process: What to Expect When Working with a Specialist
If a search is being conducted, demand a lawyer immediately. Do not give statements or sign the protocol without reading it. If you must sign, add: "I disagree, conducted without a lawyer." As soon as the lawyer enters the case, they will request materials and prepare for the court hearing deciding the search''s legality. This process is very fast, so time cannot be wasted. The lawyer''s goal is to prove procedural violations, which will become the basis for collapsing the entire case.
Why Choose Legal.ge?
Revealing procedural violations requires deep knowledge of criminal procedure. Legal.ge connects you with lawyers experienced in challenging unlawful searches and suppressing evidence. They know how to protect a client from police arbitrariness. Find the defender of your rights on Legal.ge.
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