MPCID Search of Your Home and Phone: Your Rights
MPCID Investigators Came to Search Your Home or Asked for Your Phone: What You Need to Know
A search is the moment in an investigation when it is easiest to make a mistake that cannot be undone. Investigators arrive in the morning, the family is in shock, and the soldier wants to get it over with quickly, so he hands over the passcode, shows his room, and says “I have nothing to hide.” All of it is recorded.
I am Emanuel Trach, attorney and notary, with 15 years of experience. During my service at the Military Police Criminal Investigation Division (MPCID) I was certified as a trained investigator for computer offenses and as the officer in charge of technical surveillance, meaning recordings, photography, and wiretaps. I know these tools from the side of the person who operated them, and that affects how I examine what was done in a case.
When a Search Is Permitted
A search is usually carried out in one of two ways: with consent, or under an order issued by the authorized body. Consent is not mandatory. A person who is asked to consent may ask to consult before answering, and it is worth knowing that once consent has been given, it is harder to argue later that the search was unlawful.
If an order is presented, read it. What does it say about the place, the items, and the type of material that may be searched? Who signed it and when? A search that goes beyond what the order says is a starting point for legal arguments.
Searching a Phone and a Computer
The phone of a twenty-year-old contains messages, photos, locations, cloud accounts, contact lists, and sometimes material he is sure he deleted. MPCID uses extraction tools that copy the contents of a device and recover part of what was deleted. That is why “there is nothing on it” is a claim that is hard to stand behind.
There are several things worth deciding before handing over a password. What exactly is being asked to be examined: the device, the accounts connected to it, or also backups and apps? What will happen to the device and when will it be returned? And if it holds private material unrelated to the investigation, what can be done to limit the examination?
Deleting material after learning about the investigation is a mistake I see repeatedly. Whoever deleted may face an additional suspicion of obstruction, and a digital investigator can identify that material was deleted and sometimes when.
What to Do When the Investigators Arrive
- Stay calm and ask to see identification and the order.
- Call a lawyer before giving a password or agreeing to a search.
- Write down names, the time, what was examined, and what was taken.
- Do not talk about the suspicion during the search. What is said in the middle may be recorded.
- After they leave, ask for a list of what was taken and when it will be returned.
Digital Material, Recordings, and Wiretaps
In many cases the evidence is not a knife or drugs but a file: a message, a recording, a photograph, a location record. The important questions are who produced it, how it was preserved, whether there is a clear chain of custody, and what was presented in the file and what was not. A file that was copied without documentation, or material that was not provided to the defense, can change the picture.
Recordings and wiretaps are subject to strict rules. Evidence obtained unlawfully may be excluded, depending on the circumstances. This does not happen automatically, so the examination is a professional matter carried out on the investigation material itself.
There is also the situation in which a person speaks with someone who later turns out to be cooperating with the investigators, or an undercover agent. If you think that is what happened, tell your lawyer in the first conversation.
What I Do in the Case
I check whether the consent to the search was genuine, whether the order was valid, and how the digital examination was carried out. I go through the investigation material and map what was extracted from a device, what entered the file, and what did not. If there are flaws, I raise them with the military prosecution and, when necessary, in court. In parallel I prepare the soldier for questions about what was found.
See also: guide to MPCID investigations, legal advice before an MPCID investigation, what happens when a son is arrested, and military lawyer.
For the entire military process, from investigation to the court, see military defense and the military court.
Frequently Asked Questions
Are MPCID investigators allowed to take my phone?
Usually with consent or under an authorized order. Before handing over the device, it is worth consulting a lawyer.
Do I have to give the lock code?
Do not give it without consulting. This is a decision with consequences, and it is examined according to the circumstances.
What if I deleted messages before the investigation?
Some of the material may be recovered. Deleting after you learned of the investigation may be considered obstruction. So do not delete, and consult.
Investigators came to my parents’ home. What do I do?
Ask to see an order, do not provide information about the suspicion, and call a lawyer. You can rely on the list above.
Can evidence seized in a search be excluded?
In some cases. It depends on how the search was carried out and on the circumstances of the case, so it is worth consulting about the specific case.
The information on this page is general and is not legal advice for a specific case. Last updated: October 30, 2026.
Contact for
Legal advice without obligation