Check the procedural basis
Ask the officers to identify themselves and show the procedural decision. Check the premises covered, the objects sought and the investigation concerned. A search is normally based on a reasoned decision of a pre-trial judge, but Lithuanian law also provides for urgent exceptions. The absence of a prior judicial decision does not by itself resolve whether the search is unlawful. [1]
Seek legal assistance without obstructing the search
Tell your lawyer where the search is taking place and what decision has been presented. Ask for the request for assistance and the response to be recorded. Calling a lawyer does not automatically require every search action to stop until the lawyer arrives. Do not destroy documents, alter electronic data or instruct others to do so. Raise objections through the procedure rather than by obstructing officers. [1]
Distinguish a search from an interview
A search and an interview are different procedural actions. Before giving detailed explanations about transactions, sources of funds or other people, clarify your procedural status and rights. A suspect, witness and corporate representative do not have identical positions. Avoid presenting guesses as facts: an unverified financial explanation can later conflict with records or banking data. [1]
Review the record and inventory
Check how documents, devices, storage media and packages are identified, not only their quantity. Explain when an item is essential for business continuity and discuss copies or access through the appropriate procedure. Tell officers if material is covered by legal professional secrecy so that the applicable safeguards can be addressed. Record concrete objections rather than relying on later recollections. [1]
Prepare the next step after the search
Keep copies of the documents supplied and record the timing, participants and unresolved issues. Tell counsel which records or devices are no longer accessible. The next assessment concerns any challenge, return of items, access to copies and defence strategy. The appropriate recipient and deadline for a challenge depend on the decision and stage of proceedings. [1]