A search and seizure operation in a company usually occurs unexpectedly. Therefore, defining what to do in the first hour is essential to reduce risks, protect rights, and maintain functional governance during the execution of the court order.
The guiding principle is simple: act methodically, ensure qualified criminal legal counsel, and document every stage of the procedure.
Appointment of a Criminal Defense Attorney and Centralization of Communication
The first step must be institutional.
The company should immediately appoint a trusted criminal defense attorney. If no professional has been previously retained, the corporate legal department must indicate a criminal lawyer specialized in corporate search and seizure cases.
The attorney’s technical presence:
• organizes the environment and guides the review of the court warrant;
• verifies addresses, media, and authorized premises;
• ensures that any scope discrepancies are recorded politely and accurately;
• advises the team on conduct and preservation of rights.
The board should appoint a focal point (from Legal or Compliance) to centralize communication with the police authority, avoiding miscommunication and contradictory statements.
Scope Definition and Technical Preservation
The second front is technical and evidentiary. Together with the criminal lawyer, it is essential to:
• make the limits of the warrant explicit;
• document the execution by recording times, areas searched, items seized, and seal numbers;
• when applicable, verify and record the data integrity hashes.
The IT department plays a crucial role: it must preserve data integrity, maintain logs, and suspend any automatic routines that could overwrite metadata.
The extraction method — forensic imaging, mirroring, or orderly shutdown — must be agreed upon and documented.
If materials protected by professional confidentiality (such as attorney–client communications) are found, they must be sealed and separated for judicial verification, ensuring defense prerogatives.
IT, Documentation, and Evidentiary Context
The first hour requires discipline and method. All information must be contextualized based on verifiable facts.
While the procedure is ongoing, create an internal timeline with the main events and participants.
Document curation should be conducted jointly with the criminal lawyer. If there are documents useful to understanding the case, assess the appropriate procedural moment to present them, preferably with a technical note that situates the material within the company’s operational flow.
In complex cases, it is advisable to initiate a defensive investigation to gather counterevidence in an organized manner.
Communication, Board, and Institutional Narrative
Governance must convey calm and control.
Establish a situation room with a small team — Legal/Compliance, IT, and senior management — and maintain a continuous factual record:
• who was present;
• what was requested;
• how each item was seized.
The Board of Directors and internal audit should be objectively informed, focusing on risk management and operational continuity.
If a public statement is required, it should be drafted in alignment between the criminal defense team and the corporate legal department, using precise and institutional language.
For governance and crisis management best practices, refer to the IBGC (Brazilian Institute of Corporate Governance) materials.
After the First Hour
Once the critical moment has passed, the company should:
• consolidate the inventory and copies of seized materials;
• conduct a criminal risk analysis by department;
• schedule internal interviews and document production timelines.
Any subsequent measures must be handled institutionally, according to the limits of the court warrant.
Conclusion and Professional Guidance
A search and seizure in a company demands immediate response, method, and coordination.
In such situations, coordinated action between criminal counsel, IT, and compliance is key to reducing impact and protecting rights.
By handling the first hour with discipline and clarity of roles, the organization strengthens its governance and legal security, navigating the crisis with greater institutional stability.
