A house search is often a shock for those affected. This makes it all the more important to remain calm and know your rights. Here is an overview of the most important information:
No. For a house search, the police usually require a Search warrant (§ 102 StPO). This must be issued by a judge and presented to you.
Exception: In the event of imminent danger, the police may search without a warrant (Section 105 (1) StPO).
Stay calm.
Let the Search warrant show. Check that the address and the reason (suspected offense) are correct.
Do not offer any resistance. This could be considered a criminal offense (§ 113 StGB).
In urgent emergencies call my Emergency number. If necessary, I will review the ongoing search and assist you.
They must grant the officers access, but are not allowed to actively help.
Enter No voluntary statements and make No information without a lawyer.
You have the right, Presence to demand during the search (§ 106 StPO).
The police may only search rooms and objects specified in the warrant. A Confiscation of objects is only permitted if they are related to the offense (§ 94 StPO). Please also note the confiscation bans (§ 108 StPO).
Document the procedure. Write down what was searched and confiscated.
Request a Directory of the confiscated items (§ 107 StPO).
Contact me immediately to check for possible legal violations, take further steps and file applications to protect your rights.
Stay calm and respect your rights. Talk as little as possible and get legal assistance. As a competent criminal defense lawyer, I will advise you and act accordingly for you so that your rights are safeguarded and protected.
