Searches - in what cases, when and where they may take place

Searches - in what cases, when and where they may take place

The search is a widely known concept. Just about everyone is familiar with the concept. Less clear is exactly where and when such a search may take place. Our experts in criminal law go over the various possibilities below.

The purpose of the search is to locate and collect evidence in private places regarding crimes already committed. In the process, certain goods may be seized by the police services. When there are only suspicions and a crime has yet to be established, a search is not possible.

'Private place' means any place protected by the right to respect for private life. It is therefore not limited to the private places where the suspect himself lives, but can also refer, for example, to the suspect's work, the home of a relative of the suspect, etc. A search is thus possible in any private place where it can be assumed that evidence can be gathered relating to the crime being investigated.

First of all, a search can take place when the investigating judge orders police forces to do so by means of a search warrant signed by the investigating judge. In such a case, the search may only take place between 05:00 in the morning and 21:00 in the evening. However, searches that commence before 21:00 may be continued after 21:00 A search before 05:00 or after 21:00 will be unlawful which means that the evidence gathered during that search will not be allowed to be used.

A second possibility concerns the search with the resident's consent. In such a case, the resident must give prior written consent to the search. He can never be obliged to do so. If permission is granted, this search can take place between 9:00 p.m. in the evening and 5:00 a.m. in the morning. If permission is not granted, and the search does take place, it may be an illegal search and the evidence resulting from it will not be allowed to be used.

Finally, a search is also possible in the act of committing a crime. The flagrante delicto search can only be carried out during or immediately after a crime has been established. In such a situation, it is sometimes necessary to act quickly, which makes waiting for a search warrant from the investigating judge impossible. In this case, the search can take place at night, between 9 p.m. and 5 a.m., and does not require the consent of the occupants.

Because failure to comply with proper procedural rules when conducting a search may have far-reaching consequences for the subsequent course of the proceedings, it is important to contact an attorney in this regard.

As specialized lawyers, we have the necessary knowledge to help you move forward.