search of house

Querist : Anonymous (Querist) 26 June 2010 This query is : Resolved
my house was searched by police from outstation by search warrant issued from the court. During the search the local police, my estranged wife who got the search order and the outstation police were present. the outstation police had asked the local police to accompany them. During the search for my wife things... the entire proceedings was video taped by a person whom we didnt know but was with the police.... my wife was accompanied by her lawyer who refused to be identifed during the search and was there during the entire search.

1. Can the local police also be there for the search along with police authorirsed for search?
2. can this search be videotaped? if yes by whom? can wife arrange the search to be videotaped or only police can? does she have the right?
3. can her lawyer come to my house during search and be there during search? if not can i ask her lawyer to leave my house?
4. Can I ask for copy of the video tape taken during search and also details of persons present during search through RTI?

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Daksh (Expert) 26 June 2010
Dear Anonymous,

You have a right to enquire on what basis this search is being carried out, in fact as a matter of fact you yourself have mentioned that the entire search was videographed and the matter is subjudice as such you have a valuable right to have the records of the case inspected to know about the direction regarding search by the presiding officer.

Best Regards

Daksh

Arun Kumar Bhagat (Expert) 26 June 2010
1. Yes the local police must accompany at the time of search in their area.
2.There is no restriction for video tapping. Police can videotape.
3.A lawyer may accompany his client and become a witness for seizure. You wont get anything to annoy a lawyer unless he does something for mischief.
4. You can.

Sukhija (Expert) 26 June 2010
Rightly advised by expert Bhagat

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