Section 4: Searches

If the requirements of the flagrante investigation relating to one of the offences falling within the scope of Articles 706-73 and 706-73-1 so require, the liberty and custody judge of the judicial court may, at the request of the public prosecutor, authorise searches, domiciliary visits and seizures of exhibits to be carried out outside the hours provided for in Article 59.

If the needs of the preliminary investigation relating to one of the offences falling within the scope of Articles 706-73 and 706-73-1 so require, the liberty and custody judge of the judicial court may, at the request of the public prosecutor, decide that searches, home visits and seizures of exhibits may be carried out outside the hours provided for in Article 59, when these operations do not concern residential premises….

If the requirements of the information relating to one of the offences falling within the scope of articles 706-73 and 706-73-1 require it, the examining magistrate may authorise judicial police officers acting on a letter rogatory to carry out searches, home visits and seizures of exhibits outside the hours provided for in Article 59, when these operations do not involve residential premises. In urgent cases, the investigating judge may also…

On pain of nullity, the authorisations provided for in articles 706-89 to 706-91 are given for specific searches and are the subject of a written order, specifying the nature of the offence for which proof is sought and the address of the premises in which the visits, searches and seizures may be carried out; this order, which may not be appealed, shall be reasoned by reference to the factual and…

The operations provided for in articles 706-89 to 706-91 may not, on pain of nullity, have any purpose other than the investigation and establishment of the offences referred to in the decision of the liberty and custody judge or investigating judge. The fact that these operations reveal offences other than those referred to in the decision of the liberty and custody judge or investigating judge does not constitute a cause…

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…