House Search (Search Warrant) – When Is It Permitted and What Are Your Rights?

House Search (Search Warrant) – When Is It Permitted and What Are Your Rights?

A house search (Search Warrant) is one of the most common and most intrusive investigative measures in German criminal proceedings. Police officers entering your home, going through your belongings, and seizing items – for those affected, this is an extremely stressful experience. As a foreign national or expat living in Germany, it can be particularly unsettling if you are unfamiliar with the legal framework and your rights. This article explains the legal requirements, the procedure, and the steps you should take.

Legal Requirements for a House Search

The legal basis for house searches is found in §§ 102–110 of the German Code of Criminal Procedure (StPO). The key requirements are:

1. Judicial Order (Richtervorbehalt)

A house search generally requires a judicial order (§ 105(1) StPO). The inviolability of the home is protected under Article 13 of the German Basic Law (Grundgesetz), making it a fundamental right. A search warrant may only be issued by a judge and must specify: the premises to be searched, the suspected offence, and the evidence or items being sought.

2. Exception: Imminent Danger (Gefahr im Verzug)

In exceptional cases, the public prosecutor or police may order a search without prior judicial authorisation if there is a risk that evidence would otherwise be destroyed or lost. However, German courts interpret this exception narrowly. If the authorities invoke “imminent danger” without sufficient justification, the search may later be deemed unlawful.

3. Suspect vs. Third-Party Search

The law distinguishes between a search of the suspect’s premises (§ 102 StPO) and a search of third-party premises (§ 103 StPO). For suspects, a search may be ordered to find evidence or to arrest the person. For third-party premises, there must be specific facts indicating that the item sought is located there – a higher threshold than for suspects.

Your Rights During a House Search

Even during a search, you retain important rights:

• Right to see the search warrant: You are entitled to see the judicial order. Read it carefully – it specifies the scope of the search. If no warrant is presented, note this fact.
• Right to have a witness present: You may request that a witness (e.g. a neighbour) be present during the search (§ 105(2) StPO).
• Right to contact a lawyer: You may call a defense lawyer at any time. The search does not have to be halted, but your lawyer can arrive and monitor the proceedings.
• Right to a list of seized items: You are entitled to receive a written list (Sicherstellungsverzeichnis) of all items seized (§ 107 StPO).
• Right to remain silent: You are not obligated to answer any questions, provide passwords, or assist the search in any way.

What to Do During a House Search

If police arrive at your door with a search warrant, the following steps are advisable:

• Stay calm and cooperate passively: Do not physically resist the search, but do not actively assist either.
• Ask to see the search warrant: Verify that a proper judicial order exists. Note the judge’s name, the court, and the date.
• Call a defense lawyer immediately: A lawyer can often limit the scope of the search and prevent procedural errors.
• Do not make any statements: Exercise your right to remain silent. Anything you say may be used against you.
• Document everything: Note which rooms were searched, which officers were present, what was seized, and how long the search lasted.
• Check the seizure list: Before signing anything, review the list of seized items carefully.

Challenging an Unlawful Search

If a search was conducted unlawfully – for example, without a valid judicial order or in excess of the warrant’s scope – several legal remedies are available:

• Complaint against the search (§ 304 StPO): You may file a complaint with the competent court challenging the lawfulness of the search.
• Motion to return seized items (§ 98(2) StPO): You may apply for the return of seized items if the seizure was unlawful.
• Exploitation prohibition (Verwertungsverbot): Evidence obtained through an unlawful search may be excluded from the trial, depending on the severity of the procedural violation.

Defense Counsel in Search Cases

The presence of a defense lawyer during or immediately after a house search can make a decisive difference. At BAFTEH Criminal Defense, Attorney Bafteh is available around the clock – including at night, on weekends, and on public holidays. If police are at your door, call us immediately. We will advise you on your rights, monitor the search, and take all necessary legal steps to protect your interests.

Written by attorney Philip Bafteh, criminal defense attorney in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.

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Last updated: June 2026