Search
Review of grounds, places and execution methods.
Unexpected measures
Searches and seizures in criminal proceedings.
Technical review of orders, reports, object of seizure, execution methods and available remedies in home, personal, digital or documentary searches.
Review of the measure
Order, report and object of the restriction
The first review concerns the order and report: authority, alleged offence, place, objects sought, items seized, statements made and technical notes.
The object of seizure must be delimited. An excessively broad seizure may affect the person or professional activity beyond what is necessary.
Operational profiles
Defence work must be built on documents, timing and concrete aims.
No standard formula: every step depends on procedural position and available material.
Seizure
Control of the restricted object and its relevance to the allegation.
Digital data
Analysis of phones, computers, accounts, forensic copies and digital documents.
Remedies
Review, return and digital data
The defence assesses review, return requests or data copy requests where access to devices or documents is essential.
In digital seizures, it is crucial to distinguish physical device, copied data, evidentiary relevance and preservation needs.
Defence method
Rigorous document review and attention to the person.
Every choice is assessed on the actual file: timing, evidence, procedural risk and human impact of the proceedings.
Selective file review
Identification of truly decisive points without dispersing defence work into marginal issues.
Procedural conduct
Assessment of statements, submissions, productions, applications and remedies according to the procedural stage.
Human impact of proceedings
Criminal proceedings may feel like a first conviction before judgment. Defence work must take this into account with rigour and clarity.
FAQ
Frequently asked questions.
What should be kept after a search?
The report, any orders, the list of seized items and every document provided by officers.
Can seized property be returned?
Yes, where the grounds exist. The assessment depends on object, relevance and evidentiary purpose of the seizure.
Can a seized phone contain irrelevant data?
Yes. This is why the scope of seizure, extraction methods and relevance of data must be checked.
Contact
Send the documents for a technical assessment.
A useful assessment requires the actual document: notice, order, report, complaint, judgment or document received.
Office in Piazza Umberto I, n. 1, 84121 Salerno, Italy. Technical and confidential criminal defence assistance.