What to Do If Law Enforcement Suddenly “Finds” Drugs in Your Car, Belongings, or Premises: A Lawyer’s Action PlanAuthor: Nazar Al-Mzirawi, Attorney-at-Law

The case of Oleksandr Shyrshyn, former commander of a battalion of Ukraine’s 47th Separate Mechanized Brigade, has drawn public attention. During a vehicle stop in Kharkiv, law enforcement officers reported finding packages containing a substance resembling narcotics and scales inside the car. The serviceman publicly denied that the items belonged to him, reported possible surveillance, and stated that the substances had been planted. The police have seized the vehicle for examination and opened criminal proceedings.

Article 62 of the Constitution of Ukraine establishes the presumption of innocence: a person is considered innocent until guilt is proven in accordance with the law and established by a final conviction of a court. The investigation is ongoing, and only proper and admissible evidence can determine the legal assessment of the circumstances.

Nevertheless, this case illustrates a situation that any individual or business representative may face. In practice, the outcome of a criminal case is often shaped during the first 15 minutes of contact with the police. One mistake or emotional reaction during this short period can seriously complicate a person’s subsequent defence.

First minutes and “voluntary inspection”

When police officers stop your vehicle or approach you in public, stress can affect your decisions. Keep the following in mind:

• Remain calm, take out your phone, and begin recording video.
• Ask officers to show their official identification and clearly state the legal grounds for the stop or inquiry.
• A common tactic is a request or persistent suggestion that you “voluntarily open” the trunk, vehicle interior, or your pockets.
• Do not agree to a so-called “voluntary inspection.” Giving consent may waive important procedural safeguards and can effectively validate the police officers’ subsequent actions.

It is important to distinguish between procedural actions:

• Surface check is a preventive measure. An officer may visually inspect a person, personal belongings, or a vehicle’s interior, or use a device or hand to check the outer surface of clothing or belongings. An officer may not independently reach into your pockets or open bags or a glove compartment; you should show the contents yourself for visual inspection.
• Inspection is conducted to identify evidence or traces of a criminal offence and requires appropriate procedural grounds.
• Search is an investigative action generally conducted pursuant to an investigating judge’s order, except in urgent situations involving the preservation of life or immediate pursuit. A search must be video-recorded and involve at least two attesting witnesses.

Right to counsel and Article 63

Under Article 59 of the Constitution of Ukraine and Article 20 of the Criminal Procedure Code of Ukraine, everyone has the right to professional legal assistance. You may demand the presence of a lawyer from the moment of detention or from the beginning of any procedural action.

State orally and in writing:

“I demand that my lawyer be involved. Until my lawyer arrives, I refuse to provide any explanations or sign any documents.”

Use Article 63 of the Constitution of Ukraine, which gives a person the right not to testify or provide explanations against themselves, family members, or close relatives. Refusing to testify on this basis is not an admission of guilt.

If an unknown item is found

If, during a check, law enforcement officers or other persons point to an unfamiliar package or item:

• Do not touch it under any circumstances. Do not pick it up, move it, open it, or place it on the roof or seat of the car.
• Touching the item may leave fingerprints, DNA, or other trace evidence that investigators may treat as evidence of involvement.
• Clearly state aloud: “This item does not belong to me. I am seeing it for the first time. I do not know where it came from. I have not touched it and refuse to touch it.”

Recording and seizure procedure

Law enforcement officers are required to record their actions using body cameras. You also have the right to record events on your own phone. Ask witnesses or bystanders to observe where possible.

During the seizure procedure, pay attention to:

• Who first discovered and touched the item, including whether it was the police officer who did so.
• How the item is packaged: it should be placed into a special evidence bag directly at the scene.
• The bag should be sealed and signed by the participants, attesting witnesses, and police officers. The protocol should clearly state the number of the evidence bag.

Common stress-related mistakes

• Giving excessive explanations: in an effort to justify themselves, people may create inconsistent versions of events that later create suspicion.
• Signing blank or unchecked reports: never sign a document without reading it.
• Engaging in conflict or physical resistance: this may result in additional criminal charges. Remain calm.
• Before signing, write all objections in the “Comments and Additions” section of the report yourself, including the absence of a court order, denial of access to a lawyer, or the fact that the item was allegedly planted.

Seven actions to take immediately

1. Start recording video on your phone or request continuous recording through police body cameras.
2. Ask officers to show their identification and record their names, positions, ranks, badge numbers, and vehicle details.
3. Request a lawyer and state that you will not provide explanations before the lawyer arrives, relying on Article 63 of the Constitution of Ukraine.
4. Do not agree to a “voluntary inspection.” State that you do not consent to a search of your property or vehicle without an investigating judge’s order.
5. Do not touch unfamiliar belongings or packages, so as not to leave fingerprints or DNA.
6. State your position on video and in the presence of witnesses: “The discovered item does not belong to me. I do not know its origin, and I have not touched it.”
7. Add comments to the protocol. Before signing any document, write down each procedural violation and state that the item does not belong to you.

After the procedural action

Obtain a copy of the protocol and the inventory of seized property. As soon as the law enforcement actions end or you are released, provide your lawyer with:

• the exact time, place, and timeline of events;
• officers’ details, including names, badge numbers, and vehicle information;
• copies of all documents received;
• contact information for witnesses and any available video recordings.

Lawyer’s conclusion

In criminal proceedings, the final outcome of a defence depends not only on the factual circumstances of an incident but also on how competently, calmly, and procedurally correctly a person acts during the first 15 minutes of contact with law enforcement. Remaining calm, knowing your constitutional rights, and promptly engaging a qualified lawyer are essential safeguards against potential provocation and procedural abuse.

Author: Nazar Al-Mzirawi, Attorney-at-Law, WINNER Law Firm.