Where, during a flagrante delicto investigation or an investigation into one of the offences falling within the scope of Articles 706-73 and 706-73-1, the person whose home is to be searched is in police custody or is being held in another place and it seems advisable to avoid taking him there due to the serious risk of either disturbing the peace or escaping, or of evidence disappearing during the time required for transport, the search may be carried out, with the prior agreement of the public prosecutor or investigating judge, in the presence of two witnesses required under the conditions set out in the second paragraph of Article 57, or a representative appointed by the person whose domicile is in question.
The provisions of this article also apply to preliminary investigations, where the search is carried out without the consent of the person under the conditions provided for in articles 76 and 706-90. The agreement is then given by the liberty and custody judge.