House search in Belgium: your rights and obligations as a suspect
A search is one of the most intrusive coercive measures that police and prosecutors can carry out. As a suspect or person subject to a search, you have rights that you need to know.
When is a search permitted?
In principle, a search requires a court order (search warrant) issued by the investigating judge. In urgent cases, such as when caught in the act, the police may enter without a warrant. Outside of these cases, a warrantless search is unlawful.
Your rights during a search
You have the right to see the search warrant before the police grant access. You have the right to contact an attorney. You are obliged to cooperate but do not have to incriminate yourself. Goods seized are recorded in a seizure PV.
Unlawfully obtained evidence
Evidence obtained in an unlawful search may be excluded from criminal proceedings. Novex Lawyers analyzes the proceedings and challenges the regularity of the search if applicable.
Undergoing search and seizure? Contact Novex Lawyers immediately for legal assistance.