Q
I have received a search and seizure warrant — what should I do first?
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While studying about patents, I came across something called 'divisional application' but I don't understand it well. They say it's dividing one application to file separately, but I don't understand why you'd need to do that. It's confusing when this is necessary. I'd really appreciate it if an intellectual property attorney well-versed in the patent field could explain easily!
search and seizure warrant
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作者: 박동일
If a search and seizure warrant is a legal warrant issued by a judge, in principle, you cannot refuse the execution.
If you physically obstruct or refuse the execution under a legitimate search and seizure warrant, this may be a problem of obstruction of official duties, so caution is required.
However, you do not have to cooperate with the investigation without any rights. First, request the original warrant to be presented, and check whether your name, case name, charge, the subject of seizure and search, the place, and the scope are clearly stated.
You have the right not to consent to the search and seizure of places or items not stated in the search warrant.
Also, in the case of electronic information such as mobile phones and computers, you should clarify whether it is voluntary submission or seizure within the scope of the warrant, and you should be cautious about providing passwords.
Also, after receiving a search and seizure warrant, you have no obligation to make unfavorable statements at the scene and may exercise your right to remain silent.
Record the execution process as much as possible, and you must receive the seizure list.
In the case of search and seizure warrants, initial response is very important due to their nature, so it is necessary to promptly consult with a criminal specialized attorney before and after execution to prepare a specific response strategy.
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