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A house search can affect anyone. A police officer could show up at your home and search the premise, by order of the public prosecutor’s office, for something that might serve as evidence in the criminal case. It is also possible for police officers to show up at your business. Listed below is an overview of the legal requirements necessary for a home search and how you should respond if a home search is being conducted.
A house, apartment or other room not publicly accessible may only be searched with the consent of the authorized person (Art. 244 para. 1 Criminal Procedure Code). This consent is redundant if: it is indicated that a wanted person is present, traces of crimes are found, objects or assets which should be confiscated are present or if criminal offenses are being committed (Art. 244 para. 2 CPC). The latter enables police to catch criminals in the act. To conduct any of these investigative methods, the public prosecutor’s office must order a house search. Further information on the requirements for a house search can be obtained from attorneys for criminal law in St. Gallen, Zurich or Frauenfeld.
The persons conducting the house search must show the warrant to the authorized person at the beginning of the search (Art. 245 para. 1 CPC).
First of all, ask to see the search warrant ordered by the public prosecutor’s office. This must contain the concrete accusation of the crime and which rooms may be searched. Inspecting the permit enables you or your chosen lawyer for criminal law in Switzerland to check whether the house search is lawful.
If you are asked questions during the search, you have the right to remain silent and to consult your lawyer. In this situation, it is best not to answer any questions directly, but rather to contact one of our lawyers in Zurich, Frauenfeld or St. Gallen immediately.
A record must be made of the items that the police want to seize, which you must sign. If any items are missing or there are mistakes in the record, you must inform the police.
The next step is to request that the evidence is sealed (Art. 248 CPC). If evidence is successfully sealed, it can neither be inspected nor used by the criminal justice authorities. Once the request to seal evidence has been placed, the prosecution must submit a request for the unsealing of the relevant evidence to the court within 20 days, explaining why they need the items as evidence. The court decides this by balancing the interests of both parties, determining whether the private interests of the accused or the interests of the prosecution prevail.
We recommend the sealing of evidence in any case. This will not prevent the initial seizure, but it will save you valuable time. The sealing does not have to be requested formally in writing. You can simply inform the police officers immediately during the house search which items you want to seal.
An attorney for criminal law in Frauenfeld, St. Gallen or Zurich will be happy to assist you should you be affected by a house search.An attorney for criminal law in Frauenfeld, St. Gallen or Zurich will be happy to assist you should you be affected by a house search.