Search Warrant

Your Home Is Being Searched – What to Do

A house search (House Search) is one of the most intrusive investigative measures available to the German authorities. Searches are typically conducted early in the morning and can be a deeply unsettling experience, particularly for those unfamiliar with German police procedures. However, searches are subject to strict legal requirements, and violations of these requirements can render the evidence obtained inadmissible in court.

Your Rights During a Search

You have the right to see the search warrant and to read it carefully – the warrant must specify the premises to be searched and the items sought. You have the right to remain silent and are not obliged to answer any questions or assist the investigators. You have the right to contact a lawyer immediately, and the search should ideally not proceed until your lawyer arrives (though the authorities are not obliged to wait). You have the right to be present during the search and to have a witness present. You should carefully note which items are seized – the investigators must provide a receipt listing all seized items.

How BAFTEH Strafverteidigung Can Help

If you are subject to a house search, call us immediately. BAFTEH Strafverteidigung provides emergency representation and can be reached around the clock. We advise you on your rights during the search, attend the search where possible to monitor compliance with legal requirements, and subsequently examine the search warrant and the conduct of the search for any legal violations. Unlawfully obtained evidence may be excluded from the proceedings, which can fundamentally change the course of your case.

Search: legal bases and your rights

When may a search take place?

A search of a suspect is governed by § 102 StPO, of other persons by § 103 StPO. As a rule a judicial search warrant is required (§ 105 StPO); only in cases of „imminent danger“ may the prosecutor or police act without one. Ask to see the warrant and note the authorities involved.

Your rights during the measure

You must tolerate the search but need not say anything about the matter. You have the right to be present and may bring a person of trust. A record must be made of items seized. You may object to a seizure – then judicial confirmation is required.

What to do – and avoid

Stay calm and do not resist. Make no statements on the matter and do not sign any consent to the search. The review of data carriers is subject to § 110 StPO; have the lawfulness examined afterwards – unlawful searches can lead to a ban on using the evidence.

Note: This information is general and does not replace advice in an individual case.

This information does not replace a review of the individual case. In criminal proceedings, the defence strategy depends substantially on the case file, the specific allegation and the evidence.