On October 13, 2026, the Criminal Cassation Court of the Supreme Court issued a ruling in case No. 710/611/24. The legal conclusion formulated in this ruling is of significant importance for the protection of individuals during searches and the examination of evidence obtained as a result of them.
The court of first instance acquitted the defendant under Part 1 of Article 309 of the Criminal Code of Ukraine. It deemed the search report and derivative evidence inadmissible. The Court of Appeal overturned the acquittal and sentenced the individual to a fine. The Supreme Court overturned the appellate court's decision and closed the criminal proceedings based on Clause 3, Part 1 of Article 284 of the Criminal Procedure Code of Ukraine, agreeing with the conclusion of the court of first instance.
The search was conducted pursuant to an investigating judge's warrant issued for a different proceeding. Its sole purpose was to locate a specific mobile phone. The individual surrendered the phone immediately, but the police continued the search and discovered a narcotic substance.
The Supreme Court noted that, according to Part 5 of Article 236 of the Criminal Procedure Code of Ukraine, a search must be conducted within the scope necessary to achieve its purpose. Once the phone was surrendered, the purpose was achieved, and the subsequent actions of the police exceeded the scope of the warrant.
The court classified these actions as a "blind search" ("fishing expedition"), meaning an indiscriminate search conducted "at random," without reasonable suspicion regarding specific facts or individuals, for the purpose of uncovering any potential violation. Citing ECHR case law, the court declared the evidence obtained inadmissible under Article 87 of the Criminal Procedure Code.
Please note that, according to Parts 5 and 6 of Article 13 of the Law of Ukraine "On the Judiciary and the Status of Judges," this conclusion is mandatory for all government authorities, and other courts must take it into account. Therefore, investigators must strictly adhere to the limits of a search warrant, and courts must reject evidence obtained in violation of these limits.
The full text of the ruling can be found at the following link: https://reyestr.court.gov.ua/Review/140746485.
Alarius Law Firm is here to protect your rights, including during searches. Our attorneys will promptly arrive at the scene, monitor law enforcement's compliance with legal requirements, and document every violation. Illegally obtained evidence will not be used against you.
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