Criminal Defence: Search, Seizure and Phone Confiscation
The inviolability of the home and digital privacy are protected by the Constitution. We intervene immediately in CABA and Province of Buenos Aires to verify the legality of the procedure, the items seized and access to your devices.
If there is a detention or an emergency at a police station: go directly to 24-hour Bail & Release.
Nullities of Search Warrants and Digital Chain of Custody
A search is an exceptional measure. To be valid, it must comply with the requirements of the applicable Code of Criminal Procedure: an order issued by a competent judge, clear legal grounds, lawful hours, the correct address and eligible witnesses. Each of these requirements is a potential line of defence if the police exceeded their authority.
When mobile phones, laptops or electronic devices are seized, defence oversight is critical. We verify the chain of custody: how the device was sealed, who transported it, where it was stored and what scope was granted for the forensic examination. If there was informal access to the contents, or access without a specific court order, we challenge that evidence.
Acting quickly makes it possible to document irregularities (nominal witnesses who were not truly present, property damage, coercive pressure to obtain passwords) that will later form the basis of nullity challenges, requests for exclusion of evidence and, depending on the case, a dismissal of charges.
We also assess whether the search was extended to other locations (a family member's home, a workplace, vehicles) without authorisation, or whether items unrelated to the investigation were seized. Every excess is material for your defence.
Technical Defence Strategy
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Legality review
We enter the case promptly, request a copy of the search record and verify that what the security forces did matched what the order actually authorised.
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Nullity challenges
If there was entry without a warrant, unlawful intrusion or coercion to obtain passwords, we file to exclude that evidence and anything derived from it.
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Digital forensics
We appoint a defence-side expert to oversee data extraction (e.g. UFED), verify file integrity and prevent any manipulation of messages or documents.
We do not improvise — we know how judges rule and how the system works. To see how similar cases have been decided, review our Criminal Case Law Library: Searches and Seizures.
What to do after a search
These straightforward steps can make a significant difference when the time comes to challenge the legality of the operation.
1. Request copies
Ask for a copy of the search record and put on record any irregularity you observed (timings, property damage, threats, witnesses who were not actually present).
2. Make a list
Write down everything that was taken: devices, cash, documentation, keys, vehicles. That inventory will be essential for verifying the return of property and checking the chain of custody.
3. Consult before making a statement
Do not sign any statement or "voluntary explanation" before speaking with your lawyer first. What you say in the heat of the moment can prejudice you for the entire duration of the case.
Key questions about searches and device seizures
Do you need urgent assistance following a search or police seizure?
The initial stage of a criminal investigation is critical. Checking the legality of intrusive measures ordered by prosecutors and judges is essential for identifying potential nullities.
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