House Search – Your Rights During Police Measures

What You Need to Know About a House Search

A house search is one of the most intrusive measures the state can order against a private individual. This makes it all the more important to know your rights.

Requirements for a House Search

A house search (Art. 244 et seq. Swiss Criminal Procedure Code, CrimPC) is only permissible if:

• A written search warrant issued by the public prosecutor's office exists (Art. 241 CrimPC); exceptions apply only in exigent circumstances
• There is sufficient suspicion of an offence
• The measure is proportionate (Art. 197 CrimPC)

Your Rights During the Search

You have the right:

1. To inspect the search warrant – ask for it immediately
2. To contact a lawyer – call your legal representative without delay
3. To be present – you may attend the search
4. To request a record – have everything documented
5. To request sealing – for protected records or objects (Art. 248 CrimPC). The request must be made within three days of the seizure; ask for a lawyer immediately nonetheless

How to Conduct Yourself

• Stay calm and do not resist
• Make no statements on the merits of the case
• Sign nothing without legal advice
• Take photographs, if possible

Sealing as a Safeguard

If protected records or objects are involved, ask for legal support as soon as possible. Under Art. 248 para. 1 CrimPC the request for sealing must be made within three days of the seizure, and it must specify concretely which grounds preclude seizure — a general reference to "secrets" is not enough. While the period runs, and after sealing, the authorities may neither inspect nor use the records; in pre-trial proceedings the compulsory measures court decides on unsealing (Art. 248a CrimPC).

Grounds precluding seizure under Art. 264 CrimPC include in particular:

• Correspondence with defence counsel and documents covered by attorney-client privilege
• Records from personal communication with close relatives and other holders of professional secrecy, such as doctors
• Objects and documents from the strictly personal sphere

A business secret alone does not automatically preclude seizure; what matters is the specific ground of protection. We assess which grounds apply in your case and substantiate the request within the deadline.

How We Can Help

We defend you in criminal proceedings and can intervene at short notice in the event of a house search. Contact us immediately in such a situation – the earlier the defence is involved, the better your rights can be protected.