When can the police conduct a premises search?
Searching rooms (as well as people, clothes and objects located there) can be performed in order to find or arrest a person suspected to have committed a crime, and to find objects that may constitute evidence in a penal case (e.g. stolen things, crime instruments etc.) There must be a reasonable suspicion that the suspect or these objects are located in the room that is to be searched.
Search is subject to a court order or a prosecutor's order (the so-called search warrant) which shall be presented to the person residing in the place to be searched.
Search can be also performed without a warrant, but only in cases of utmost urgency. A police officer should then present his or her ID or an order of the supervisor of a police unit. However, such search has to be later approved by a prosecutor or a court. If it is not, then the retained objects should be promptly returned.
Apartment search should proceed between 6 a.m.and 10 p.m.The search may be performed at night only in cases of utmost urgency.
Search or detention of stolen things should be executed according to the purpose of this activity, with respect for dignity of the concerned people and without causing unnecessary damages and inconveniences.
Person whose place of residence is searched has the right to call another person to be present upon the search.
