KConnor56
08-01-2002, 05:47 AM
I resceived this from a cop in the Ukraine. Thought you might find it informative. You mean the Ukraine is more realistic than the US? I guess they know too well the power of a police state.
Hello,
I'm an officer of police in Ukraine (former USSR)
Let's talk about procedure of searching of person or
premises. From 2001 year on to enter and search a premises a policemen have to take a written consent from the owner. Otherwise search will be illigal and there is a punishment in Criminal Code for such a mistake. On the other hand a policeman can take a warrant from a court to make a search, but only if there is a criminal case and search will be made in connection with this case and aimed to find any evidence to
bring an accusation against smb. The court will give a warrant only if there is enoughf evidence that a person keeps anything meanful for the case or illigally keeps drugs or gun in that house. It comes out that a policeman can't make any search of premises if an owner didn't make a permission. Even if a policeman knows that the owner illigally keeps
drugs or gun in that house. A court woun't give any warrant because there is no criminal case against this person. So a policeman have to find any criminal code and think how to connect a person against whom search is needed with this case. When searching a person or a premises 2 or more witnesses must be present to make a search legal. Without
them a search will be no prove for criminal case. Here every procedural action must be made with 2 or more witnesses. A policeman himself is considered an interested party in criminal case. Do you always have to take such witnesse with you?
--
Best regards,
Gena
Hello,
I'm an officer of police in Ukraine (former USSR)
Let's talk about procedure of searching of person or
premises. From 2001 year on to enter and search a premises a policemen have to take a written consent from the owner. Otherwise search will be illigal and there is a punishment in Criminal Code for such a mistake. On the other hand a policeman can take a warrant from a court to make a search, but only if there is a criminal case and search will be made in connection with this case and aimed to find any evidence to
bring an accusation against smb. The court will give a warrant only if there is enoughf evidence that a person keeps anything meanful for the case or illigally keeps drugs or gun in that house. It comes out that a policeman can't make any search of premises if an owner didn't make a permission. Even if a policeman knows that the owner illigally keeps
drugs or gun in that house. A court woun't give any warrant because there is no criminal case against this person. So a policeman have to find any criminal code and think how to connect a person against whom search is needed with this case. When searching a person or a premises 2 or more witnesses must be present to make a search legal. Without
them a search will be no prove for criminal case. Here every procedural action must be made with 2 or more witnesses. A policeman himself is considered an interested party in criminal case. Do you always have to take such witnesse with you?
--
Best regards,
Gena