In Estonia, the Criminal Procedure Code (KrMS) clearly states that a search can only be conducted in the cases and manner prescribed by law. An illegal search infringes on individual rights and may result in the exclusion of evidence in court. Below, we outline the key legal aspects to consider for personal protection.
1. Legal Grounds and Requirements for a Search
In Estonia, searches are regulated by § 91 of the Criminal Procedure Code, which states that a search may be conducted if there is reason to believe that an item or document necessary for investigating a crime is located in a specific place. Typically, a search requires a court order, except in urgent situations where a search may be conducted without a judge’s warrant but with the approval of the prosecution.
2. Admissibility of Evidence and Illegally Obtained Evidence
Evidence obtained unlawfully may be deemed inadmissible in court proceedings. Estonian court practice confirms that if a search was conducted unlawfully, the evidence must be excluded. Additionally, the courts clarify that if an investigator knows a crime has not been committed but still conducts a search, this constitutes an illegal action.
3. Consequences of a Missing Warrant
If a search is conducted without the required court order, the individual has the right to request the exclusion of evidence obtained during the illegal search. A court warrant requirement is especially significant in searches on private property, where special attention to individual rights is essential. Additionally, the search protocol must be documented under § 92 of the Criminal Procedure Code, which assists in verifying the legality of the search later.
4. Practical Examples and Court Cases
- Case Example: If the police conducted a search without legal grounds, the court rejected all evidence obtained in the process. The court ruled the search unlawful as it did not meet the requirements of § 91, especially the need for a warrant and reasonable suspicion.
- Another Example: In a case where a search warrant was used to conduct a search that exceeded the stated purpose, the court found the investigator had acted beyond the warrant’s limits, and the resulting evidence could not be used in court.
5. Frequently Asked Questions and Answers
- Can the police conduct a search without a court order?
Only in urgent cases with the prosecution’s approval. - What should I do if the police begin a search without a warrant?
Remain calm, observe, and, if necessary, note any actions taken during the search. - Can evidence found in an unwarranted search be used in court?
Evidence may be inadmissible if the search was conducted without a warrant and in violation of individual rights. - What happens if illegally obtained evidence is used in court?
The defense may request that the evidence be dismissed or that the case be terminated.
Important Court Rulings and Analysis of Practice
In court practice, there are several important rulings confirming that evidence obtained illegally is inadmissible in judicial proceedings:
In one ruling, the court emphasized that if the initial suspicion, based on which the search was conducted, is not legally justified or if this suspicion is dismissed during the proceedings, then the evidence obtained during such a search cannot be used in court. The court concluded that investigators must always act with awareness and adhere to the clearly defined objectives stated in the warrant.
In another ruling, it was emphasized that a court order is required for the search of a law office, considering the professional ethics of the attorney and the protection of attorney-client privilege. The court confirmed that when searching a law office, a particularly strict approach must be followed, and the search for documents can be limited only with court permission.
In a case where a journalist’s work premises were used for information gathering, the court ruled that a separate court order is required for a search in the journalist’s premises. In some cases, the law may also extend to premises not directly related to the specific case. The court stressed that journalists’ workspaces are protected from unwarranted interference, similar to the protections granted to notaries and attorneys.
Protecting Rights and Possible Actions
If a person believes their rights have been violated during a search, they have the right to file a complaint or dispute the use of evidence in court. In such cases, involving a lawyer is recommended, as rights violations can be complex and require detailed legal analysis.
If you would like more information on protecting your rights during an illegal search or need legal assistance in upholding your rights, we recommend contacting Ilya Zuev, specializing in criminal procedure and the admissibility of evidence in court proceedings.
