I have received a search and seizure warrant. What response should I take first?

If a search and seizure warrant is a lawful warrant issued by a judge, in principle its execution cannot be refused.

If you physically obstruct or refuse execution under a valid search and seizure warrant, it can become an issue of obstruction of official duties, so you must be careful.

However, this does not mean you must cooperate with the investigation without any rights. First, you should demand presentation of the original warrant and check whether your name, the case name, the charge, and the object, place, and scope of the seizure·search are clearly stated.

You have the right not to consent to a search and seizure of places or objects not stated in the search warrant.

In addition, in the case of electronic information such as mobile phones and computers, you should clarify whether it is a voluntary submission or a seizure within the scope of the warrant, and you should be cautious about providing passwords.

In addition, after receiving a search and seizure warrant, you have no obligation to make unfavorable statements at the scene, and you can exercise your right to remain silent.

You should record the execution process as much as possible and must be given a list of the seized items.

Because, by its nature, the initial response to a search and seizure warrant is very important, it is necessary to promptly consult with a criminal attorney before and after the execution to prepare a specific response strategy.

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