What to do during a police search and seizure in Brazil?

A search and seizure is a delicate situation, and many people don’t know how to act when faced with it. Understanding how it happens and what to do is essential to ensure that everything proceeds as smoothly as possible. Below is a practical guide on how to act if you are subjected to a police search and seizure in Brazil.

How does a search and seizure happen?

In general, a search and seizure takes place after a confidential police investigation and judicial authorization.

The purpose of a search and seizure is to gather additional evidence to advance an investigation or to confirm an already established line of inquiry. In some cases, the judiciary authorizes the seizure of high-value assets such as vehicles, boats, jewelry, and works of art.

A few important points:

• It is impossible to predict exactly if or when a search and seizure will occur, as it is a confidential procedure;

• There won’t always be an arrest during the operation, except in cases of a suspect being caught in the act or when there is a specific arrest warrant; and

• A search and seizure can only take place during the day, between 5:00 a.m. and 9:00 p.m., but it is usually carried out in the early morning, between 5:00 and 6:00 a.m.

What to do during a criminal search and seizure?

Call a trusted criminal defense attorney immediately

Having legal support from the very beginning is extremely important—not only to ensure your rights are respected, but also to develop a proper defense strategy from the outset.

Carefully read the search and seizure warrant

Every police raid (search and seizure) must happen under a judicial warrant. If the operation is being conducted by the Federal Police in São Paulo, the warrant should resemble the example below.

Check if your name and address are correct and understand exactly what is being searched for. Take a photo of the warrant and all documents presented to you, if possible.

What you should NOT do during a police search

During a search and seizure, it is crucial to avoid certain actions that may harm your legal situation:

• Confronting or trying to block the police: This can escalate the situation and may even lead to arrest.

• Destroying or hiding evidence: Such actions can justify an arrest.

The most common mistakes people make during a search and seizure

The biggest mistake people make—especially during Federal Police operations—is talking too much. Often, in casual conversation, the police manage to obtain information that may be harmful to the person under investigation, without them realizing it.

That’s why, if you choose to exercise your right to remain silent, it’s important to remain silent not only during a formal statement but also during casual questions and interactions with the police.

What can the police seize?

The police may only seize items specifically listed in the search and seizure warrant, such as:

• Physical documents, files, contracts, and reports related to the investigation;

• Computers, cell phones, USB drives, and other electronic devices that may contain relevant evidence;

• Depending on the case, the warrant may also authorize the seizure of high-value items like cars, jewelry, and works of art.

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Are you required to provide passwords during the search?

You are not legally obligated to provide passwords for your phone or computer during a search and seizure. In fact, courts have recognized the suspect's right not to produce evidence against themselves (e.g., STJ, Habeas Corpus No. 580.664).

However, it’s important to note that in some cases, the refusal to provide a password has been used as part of the justification to uphold preventive detention (e.g., STJ, RHC 198.908).

Speak to your attorney immediately before making this decision, as it may have significant legal consequences.

What to do after a search and seizure?

A search and seizure is usually just the beginning of a potential criminal issue. That’s why it’s essential to speak with your trusted criminal defense attorney to understand the legal scenario and build an appropriate strategy—such as filing for the return of seized items or preparing your defense in the investigation.

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