Search

Verified 25 February 2025 - Directorate for Legal and Administrative Information (Prime Minister)

A search is an investigative measure, in all places, to search for clues, evidence and objects related to a offense. The proceedings are supervised by a judicial police officer (OPJ) or a judge. We present you with the information you need to know.

Search is the search of a place by a OPJOPJ : Judicial Police Officer or under its control, for the purpose of finding evidence of infringement (documents, objects, computer files...).

The search is not a voluntary handing over of coins to the police and gendarmes, it is a binding act.

The search may take place at the following locations:

  • Living quarters (home of suspect, alleged accomplice or witness)
  • Accommodation space annexes (garage, box, etc.)
  • Premises of a company or public service (offices, warehouses, etc.)
  • Professional premises of a lawyer, a doctor, a notary or a commissioner of justice.

Warning  

A search of a car (excluding a residential vehicle such as a camper van) is not considered a search and relieves other rules.

The procedure for initiating the search depends on the nature of the premises to be visited and on the prosecutor or judge conducting the main investigation.

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Ordinary premises

Investigation led by the Public Prosecutor

The public prosecutor directing the flagrance inquiry and the preliminary inquiry.

In flagrancy investigationHowever, to carry out a search, the police or gendarmerie do not need a written authorization from the prosecutor.

In preliminary investigationHowever, it requires the written consent of the person to conduct a search. Otherwise, the authorization of the JLDJLD : Judge of Liberties and Detention must be obtained at the request of the prosecutor. The search must be conducted under the control of a OPJOPJ : Judicial Police Officer present on the premises. He must report the outcome to the prosecutor.

Investigation conducted by the investigating judge

The examining magistrate directing criminal investigation. During this investigation, the police or gendarmerie must have thewritten authorization the investigating judge to conduct any search. We're talking about a letters rogatory. It may be drafted broadly, allowing for OPJOPJ : Judicial Police Officer to carry out all the acts necessary for the manifestation of the truth.

Office and domicile of a lawyer

It is possible to search of the cabinet or home a lawyer.

It must be done directly by the prosecutor or the judge, following a reasoned decision of the JLDJLD : Judge of Liberties and Detention. The bastler or its delegate must also be present.

This procedure applies to searches of the premises of the Bar Association or the CARPACARPA : Autonomous Fund for Lawyers' Pecuniary Regulations. It also concerns the president's office or home.

The person present at the place of search may object to the seizure of a document or any object.

Seizures may not relate to facts unrelated to the ongoing investigation. The search must to respect the free exercise of the profession of lawyer (assistance, representation...). The documents seized must not be covered by professional secrecy.

FYI  

Solicitor-client privilege is not enforceable in the event of tax fraud, corruption or laundering of such offenses and the financing of terrorism.

Premises of a press office

The search of media premises or private home of a journalist or his or her professional vehicle must be made directly by the prosecutor or the judge.

The person present at the place of search may object to the seizure of a document or any object.

The purpose of the search cannot be to identify a source. She must to respect the free exercise of the profession of journalism, not obstruct or cause undue delay in the dissemination of information.

Office of a doctor, study of a notary and a commissioner of justice

The search of a doctor's office, a notary's study or a commissioner of justice must be carried out directly by the prosecutor or the judge.

It is done in the presence of the person responsible for the professional order or organization.

Places of national defense secrecy

The search of premises containing elements covered by the national defense secret must be carried out directly by the prosecutor or the judge. It's being done in the presence of the Chairman of the National Defense Secrecy Commission or its representative.

Premises of a court or domicile of a judge

The search of the premises of a court or the home of a judge must be carried out directly by the prosecutor or a judge on reasoned decision.

It must take place in the presence of the first president of the court of appeal or the first president of the court of cassation or its delegate.

The hours of a search are different depending on the offense and the premises searched:

Organized crime, terrorism and drugs

In the event of an offense connected with organized crime, the terrorism, or drug trafficking, a search can begin before 6:00 a.m. and after 9:00 p.m. This investigative act is called night search.

Procuring and prostitution of minors

In the case of an infringement related to procuring or to the juvenile prostitution, a search may be made at any time of day or night.

Other

The search of a home must begin 6:00 a.m. to 9:00 p.m.. If the search starts before 9 p.m.No, she can finish after this hour.

FYI  

As of September 30, 2024, as part of an investigation into a crime or offense committed against individuals, a search can begin before 6 a.m. or after 9 p.m. under certain conditions. For example, in case of imminent risk of harm to life.

FYI  

In case of flagrant crime, a night search may be authorized by the JLDJLD : Judge of Liberties and Detention at the request of the prosecutor.

The occupant of the premises is the person who lives or works in the place concerned (for example, the tenant and not the landlord or lessor).

For the premises of a company, the occupant of the premises is the manager.

FYI  

If the search involves a minor child residing in his or her parents' home, it is they who give their consent and are present. In the absence of parents, theOPJOPJ : Judicial Police Officer must designate 2 major witnesses.

The rules change depending on the type of investigation.

Wrongdoing investigation

Agreement and presence of the occupant of the premises are not mandatory. The OPJ can use force to get in.

In the absence of the occupant of the premisesIf the OPJ is able to contact him, he shall invite him to appoint a representative of his choice to act as a witness. If the OPJ cannot contact the occupant of the premises, he chooses himself 2 major controls who are neither police nor gendarmes. These witnesses may be, for example, neighbors or passers-by who cannot refuse to be witnesses, on pain of a fine of €150.

Preliminary Inquiry

The occupant of the premises must give his consent in writing.

There is a exception for offenses punishable by more than 3 years in prison. Depending on the needs of the investigation, JLDJLD : Judge of Liberties and Detention may authorize a search without the consent of the occupant of the premises.

The search takes place in the presence of the occupant of the premises, but the latter may be absent. In this case, if the OPJ can contact him, he invites him to appoint a representative of his choice to be a witness.

If the OPJ cannot contact the occupant of the premises, he chooses himself 2 major controls who are neither police nor gendarmes. These witnesses may be, for example, neighbors or passers-by. They may not refuse to be witnesses, on pain of a fine of €150.

When a person is police custody or prisoner for an offense related to the organized crimeHowever, transportation to and from the site may need to be avoided. At the request of the prosecutor, the JLD must give its agreement to conduct the search in the absence of the occupant places. The search is conducted in the presence of 2 witnesses or a representative of the person.

Judicial inquiry

The consent of the occupant of the premises is not required, theOPJOPJ : Judicial Police Officer can use force to get in.

If the search takes place at home of the person indictment by the investigating judge, she must be present or appoint a representative. Otherwise, the OPJ appoints 2 witnesses.

If the search takes place in a different home indictment than that of the person being treated, the person with whom he is practicing is invited to attend. If the person is absent or refuses to attend, the search shall take place in the presence of two of his parents or allies present at the scene or in the presence of 2 witnesses.

L'OPJOPJ : Judicial Police Officer erects a reportThat is, a written report of the search, which contains a list of the evidence seized.

Evidence (indicia, documents and objects) is placed under sealed.

Computer data can be entered directly at the source (entering a hard drive) or copied to a physical medium (e.g. USB stick).

It is also possible to remotely access data located outside the search location using a computer located on site. For example, to view emails, a customer account on a website, or files on a server.

Attendees may be required to remain at the scene for the duration of the search if they are able to provide information on the evidence seized. They have no not the right to legal assistance.

If a person is placed in police custodyThen the search takes place without his lawyer.

The person who has been searched may request its cancelation at the JLDJLD : Judge of Liberties and Detention. She can do it, at the earliest 6 months after this search, if it is not prosecuted before an investigating judge or a court.

The request may be made in a 1-year period from date on which it became aware of the search. It shall be made by declaration at the registry of the court where the proceedings are opened or where the search was carried out.

The JLD shall take a decision within one month of receipt of the application, after obtaining written submissions from the prosecutor, the applicant and his counsel.

If warranted by the needs of the investigation, the prosecutor may ask the JLD to give its opinion within eight days.

The JLD rules by a reasoned order subject to appeal in front of president of the investigation chamber. The time limit call is 10 days, as from notification of the ordinance.

Whether proceedings are brought against other persons the person who made the request for cancelation, the JLD cannot receive the request, it must transmit it. In case of an ongoing investigation, the transmission shall be made to the president of the investigating chamber. If the court is seised, the president of the tribunal shall receive the request.

The person who has suffered material damage, can make a claim for compensation.

The request is made on the Internet:

Seeking compensation for damage done in error during a search

Warning  

The person claiming compensation must be third party to the proceedings justifying the search, i.e. it must not be the respondent, or the civil party.

Example :

The owner of a dwelling that he rents and whose door has been forced, can obtain, under certain conditions, compensation for the damage suffered.

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