SEARCH AND SEIZURE
Having your private property searched and taken away by the police or other enforcement officers from bodies such as HMRC or the NCA can be a traumatic experience as well as deprive you of essential tools such as your laptop and/or mobile phone for weeks or even months. As a Freelance Solicitor, Sohail Bashir provides swift, specialist pre-charge legal advice regarding search and seizure. As a fully qualified Pre-Charge Criminal Solicitor regulated by the Solicitors Regulation Authority (SRA) and the Law Society, Sohail has the experience and expertise required to achieve positive client results. He is ferociously motivated and will never give up on protecting your best interests.
If you have been subject to a police or enforcement agency search and seizure, Sohail can take the following actions on your behalf:
Examine and challenge the statutory and/or common law authorisation the authorities are relying on to justify the lawfulness of any search, seizure, and retention of items.
Check whether authorities have breached your rights under Article 8 (right to privacy) of the European Convention on Human Rights (ECHR).
Advise you if you are interviewed under caution (also known as a Caution Plus 3 Interview).
Check to see if any exclusions to authorities being able to seize items under an ordinary search warrant apply to your case.
Negotiate with the police to have your property returned to you as swiftly as possible.
Continue investigating your case, and work to have any further investigations involving you dropped.
With Sohail by your side, you can be confident that your best interests are being protected and that he is constantly monitoring the actions of the authorities conducting the search and seizure to ensure they act within their powers. If any aspect of the search and/or seizure is unlawful, Sohail will immediately take action to have the charges made against you dropped. It is vital to note that a 2016 review by the NCA discovered that 79% of investigations involved defective warrants (of which 8% had significant deficiencies).
If you have been subjected to a search and seizure, please email Sohail immediately :
What is a search warrant?
A search warrant is written permission given by the Court allowing relevant authorities, such as the police, to enter premises and search it for particular property and/or people. The Rt Hon Lord Justice Stuart-Smith in R (B) v Huddersfield Magistrates' Court  EWHC 1089 (Admin) stated that the decision to issue a warrant must "only be taken after that level of critical scrutiny that is required when the court is asked to sanction a substantial invasion of fundamental rights."
What powers do authorities have to seize property?
Authorities can seize anything on the property they have reasonable grounds to believe was obtained whilst conducting a criminal offence and/or evidence that must be seized so it cannot be destroyed, damaged, or lost.
Unless an item is being kept to aid or commit a criminal offence intentionally, authorities cannot seize anything subject to legal professional privilege.
How can Sohail help with search and seizure?
Sohail will take the time to carefully examine the search warrant relied on by the relevant authority and check that the following are identified and unambiguous:
The grounds on which the application is being made.
The statutory provision relied on.
The address of the premise to be entered and searched, including the parts of any multiple premises.
As far as practicable, the articles or persons sought.
He will also examine whether or not the police breached your Article 8 rights during the search process. With his years of experience, extensive legal knowledge, and passion for achieving the best for his clients, Sohail has gained a well-deserved reputation as an accomplished and talented Pre-Charge and Criminal Defence Solicitor.
If you have been issued with a search warrant or have had property seized, please email Sohail immediately: