Current issues of preparation for the search

Bodunova Kseniya Gennad'evna PhD in Law Lecturer at the Department of Forensics of Kikot' Moscow University of the Ministry of Internal Affairs of Russia, Moscow region branch 141600, Russia, Moskovskaya oblast', g. Klin, ul. Borodinskii Proezd, 11, kv. 56 bodunovak@mail.ru Other publications by this author

Each type of search has its own individual characteristics, and along with them there are general instructions on the preparation and conduct of the search, which should be taken into account when it is carried out:

- preparation of a search plan;

- the condition of an unexpected search;

- safe conditions for conducting a search;

- coordination of actions with consideration of the characteristics of the desired object and the features of the object being searched;

- application of scientific or technical methods and involvement of various experts;

- accounting of the received operational information ^{[2, p. 213]}.

Before leaving for the search site, it is necessary to draw up a plan for conducting an appropriate investigative measure, which will include:

- description of the objects of the search for further seizure;

- indication of the specific subject of the search, and its location;

- service instructions for members of the investigation team;

- the intended method of entry into the premises and the actions that will be taken in the event of armed resistance;

- the appointed time and sequence of the search;

- experts in various fields of knowledge (including a cynological service employee);

- technical means (means of search and fixation, packaging for the seizure of search objects);

- tactical techniques that are advisable to apply during a search;

- communication method and means of transport;

- measures to protect the place of search;

- measures excluding the connection of the searched person with other persons;

- ways to legalize the received operational data used during the search;

- the alleged actions of the participants of the search in case of complication of the situation;

- measures to prevent possible cover-up or damage to the desired objects.

It is necessary to clarify the general information about the subject of the search, namely:his surname, first name and patronymic, year of birth, marital status, education, profession or position, place of work or service, as well as information about a criminal record.Special attention should be paid to the status of the subject of the search, for example, whether the subject is the accused, a member of his family, a friend, a colleague of the accused, etc. ^{[1, p. 417]}.Based on the information received, the investigator may assume that during the search, the subject will voluntarily issue the necessary items or refuse such actions.And with this in mind, the tactics of preparation and direct search, the formation of an operational investigation group will be planned. The preparation and conduct of a search may be of a different nature if forceful resistance to the search is assumed or the subject of the search is not interested in obstructing investigative actions.

The specific location of the place of search is subject to clarification, as well as the addresses of other possible places of residence of the subject of the search, where he can avoid meeting with the investigator or hide the desired objects. Of no small importance are various orienting information received from the neighbors of the searched. In practice, it happened that neighbors provided information about a certain activity of the subject of the search, allowing the investigator to determine the place where the objects of interest are secretly stored.

The social activity of the subject of the search, the circle of his favorite activities and acquaintances are also of interest to the investigator.Based on the information received, a general characteristic of the subject is formed regarding his relationships in society.In such a description, it is possible to highlight key points, such as the subject's professional skills, current place of work, leisure activities, etc.

The more information received by the investigator, the more concrete his assumptions become about where and by whom the sought objects are hidden; based on information about the professional activities of the subject or his acquaintances, assume the nature of the constructed cache; allow versions about who of the subject's acquaintances knows the location of objects of interest to the investigator.

To create safe conditions for conducting a search, it is necessary to find out information about the presence of any types of weapons at the place of the search or at the subject, the legality of obtaining them.

The data on the objects of the search must contain a description of the nature of these objects, for example, the object sought is: a crime weapon (firearms, edged weapons, etc.), documents, a fugitive offender, a corpse or the remains of a human body ^{[1, p. 418]}.

After collecting all the necessary information, the search planning stage begins. At this stage, up to the beginning of the search on the spot, the procedure of actions is being formed, and certain actions are being carried out aimed at preparing for the search.

At the planning stage, the investigator determines the start time of the search.As a rule, it should be started in the morning, at about 6 o'clock. In most cases, at this time, the subject of the search or his adult relative can be found in the living room. Also, the beginning of the search in the morning is due to the fact that during the search, its participants spend a significant amount of physical energy, and also get tired psychologically. In this regard, it is worth determining the approximate time that should be spent on conducting a search, taking into account all possible circumstances, the nature of the object being searched, the time resources of the search participants, etc.^{[3, p. 511]}

The appointment of the day of the search is considered especially important.According to the existing principle, the search should be started promptly from the moment when the essential grounds are determined. Along with this, it happens that, based on operational information, the search is postponed until the moment when the desired object or fugitive offender arrives at a certain place. Regardless of the circumstances, the search must be carried out on the principle of surprise.

Taking into account all the circumstances of the planned search and the scope of work, the required number of participants is determined taking into account their capabilities. The principles of the group's organization are further explained.

The choice of persons as witnesses depends on the time and place of the search. For the production of the investigative action in question in a sparsely populated place, at night or at a remote object, the witnesses are determined in advance and delivered to the place of search. In other circumstances, it is necessary to find out the possibility of determining the composition of the witnesses at the place of the search. The witnesses must be persons who are not interested in the outcome of the investigation, mentally and physically healthy, understanding and speaking Russian.

It is necessary to take a reasonable approach to determining the number of employees in the operational group, whose forces will ensure the protection of the participants of the search, control over the subject of the search, inspection of fixed areas at the place of the search. The key importance is the level of experience of employees in the operational group.

If personal searches are provided for, then employees and witnesses should be selected taking into account both sexes.

In addition to operational officers, police officers may be involved to participate in the search, who will monitor possible escape routes of the subject of the search, as well as behind windows from which the desired objects may be thrown out. If necessary, the search involves: experts in the field of criminology from among the employees of the internal affairs bodies, specialists in explosive work from among the military, as well as a specialist in a certain area.A technical assistance group may be added to the investigative task force.

At the preparatory stage, the investigator must determine the type of equipment that will be required to search and fix the desired object, as well as decide who to entrust the implementation of these actions. It is also necessary to resolve the issue of transport support for the movement of the group and transportation of seized objects.

After all the preparatory actions and before the start of the search, the investigator instructs and assigns to each participant certain duties that he will be engaged in at the place of the search. This concerns the method of entry into the premises, the protection of the place of search, the detention of persons who are there, taking measures to preserve the traces found at the place of search, communication between the participants of the search, conditional signs, replicas.

Thus, based on the individual characteristics of a certain type of search, the investigator at the stage of preparation for the production of this investigative action should take into account both general instructions for the preparation and conduct of the search, and specific features that require special attention, which can have a key impact on its successful production and investigation as a whole.