Scope of the warrant
Generic warrants, without a precise indication of the place and object, are void. The defense compares the warrant with what was actually seized.
Corporate criminal law · police operation
Search and seizure at the company: what to do during the warrant and how to protect operations afterwards
The search starts early, lasts hours and takes computers, phones and documents. What the company does in that interval defines the scope of the investigation and the continuity of the business.
Straight answer: what the police can and cannot do in a company search
The warrant must state the place, the reason and the objects sought (article 243 of the CPP). The police may seize documents, devices and assets linked to the fact under investigation, including servers and phones, but may not extend the search to addresses or persons not named, nor demand passwords or statements on the spot. Documents covered by attorney-client privilege have specific protection, and everything seized must be listed in a detailed record with the chain of custody preserved.
This page is for partners, directors, in-house counsel and managers of companies that received, or fear receiving, a search and seizure operation. Practice throughout the State of São Paulo, Brazil, including inland and coastal districts, with in-person meetings in São Paulo (Paulista and Tatuapé offices) or by video call.
Points the defense checks in the operation
Devices and data
Seizing the device does not automatically authorize access to its contents. A specific judicial decision is required for the examination, with defined scope and period.
Chain of custody
Seals, hashes and records of who handled each item guarantee the integrity of the evidence. Failures in that chain compromise the use of the material.
Legal privilege
Communications with lawyers and defense documents cannot be used. The firm requests separation and return of that material.
Business continuity
The company may request a forensic copy of seized systems or the return of equipment essential to its activity, after mirroring.
Employees and directors
No one is required to give statements during the search. Later statements must be prepared with the defense, respecting each person's capacity.
First 48 hours after the operation
Inventory of what was taken
Cross-checking the seizure record with the internal inventory shows whether anything was seized outside the warrant and what the company needs back to operate.
Internal preservation
Instructing teams not to delete messages, not to comment on the operation and not to contact other persons under investigation prevents new charges.
Controlled communication
Clients, banks and the press may demand a statement. The message must be sober and aligned with the technical defense.
How the work is organized
1. Presence during the search
Monitoring execution of the warrant, recording irregularities and checking the seizure record.
2. Access and challenge
Obtaining the decision and the police request, requesting return of assets and challenging defects.
3. Continued defense
Preparing directors for interviews, controlling the examination of devices and defending in the inquiry and any prosecution.
If the search takes place without a lawyer present, ask those present to note times, officers' names and everything removed. Those records are used later.
Frequently asked questions about company searches
Can the company keep operating during the search?
Yes, as long as it does not hinder the search. The police may restrict access to specific areas, but cannot order the company closed.
When are computers and phones returned?
After the forensic examination or when they are no longer of interest to the investigation. The defense may request early return with mirroring of the content.
Can partners be arrested during the search?
Only with an arrest warrant or in a situation of flagrante. The search by itself does not authorize an arrest or compulsory conduction.
Official references and related pages
Rules governing search and seizure in Brazil. The actual scope depends on the warrant and the decision that authorized it.
Was the company the target of a search and seizure?
Use the secure channel with what you already know: court, time and items taken. The screening organizes presence at the search and the first steps.