Mgr. Veronika Pochylá, doktorandka Katedry trestního práva Prf UP, vedoucí referent vědy a výzkumu, organizační asistent Centra pro klinické právní vzdělávání, e-mail: veronika.pochyla@upol.cz

House search is one of the institutes of the criminal procedural law which perceptibly intervenes with rights and legitimate interests of persons suspected of committing crime. If it is moreover issued before commencing with criminal prosecution, the law places stricter conditions upon which a warrant may be issued, such as through reasoning of necessity to perform house search in the stage of examination of prosecution, e.g. as an indispensable and unrepeatable act. The text focuses on assessing the legitimacy of the legal requirements on the reasoning of the warrant in judicature of the Constitutional Court of the Czech Republic. In the conclusion it offers the possible solution to the different perception of requirements for the due reasoning of the warrant in form of legislative amendment.