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Emergency

House search by the police: safeguarding your rights properly

A house search is a serious intrusion and generally only permitted with a judicial search warrant, only in cases of imminent danger also without one. You have rights: you may see the warrant, you do not have to say anything and you should not consent to the measure, but also not obstruct it.

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A search of the home generally requires a judicial warrant; without it, it is only permitted in cases of imminent danger (§§ 102, 105 StPO). You may demand to see the search warrant.
You do not have to make any statement about the matter during the search and do not have to actively assist. Do not expressly consent to the search (this can curtail rights), but do not obstruct it. Bring in a lawyer as quickly as possible.

What you should do now

  1. 1

    1. Have the warrant shown

    Ask for the search warrant to be presented and read what it is about and what is being sought.

  2. 2

    2. Stay calm, remain silent

    Make no statement about the matter and sign no declaration of consent. Object to the search expressly, but stay peaceful.

  3. 3

    3. Call a lawyer

    Try to reach a criminal defense lawyer immediately and insist on contacting them.

  4. 4

    4. Document everything

    Note the course of events, names/departments and have a list of the seized items handed to you.

How to spot the scam

  • A search is carried out without a warrant and without evident imminent danger.
  • You are supposed to sign a 'voluntary' consent.
  • You are pushed to make statements about the items sought.

Frequently asked questions

Does the police need a warrant for a search?

Generally yes, a judicial search warrant (§§ 102, 105 StPO). Without it, a search is only permitted in cases of imminent danger. You may demand to inspect the warrant and to learn what is being sought.

Do I have to consent to the search or help?

No. You do not have to make any statement about the matter and do not have to actively assist. Do not expressly consent to the search, this can weaken your rights. But do not obstruct the measure, only object to it expressly and calmly.

What should I do immediately?

Contact a criminal defense lawyer, stay calm, remain silent and document everything (the course of events, the officers, the seized items). Have a seizure/confiscation list given to you. This page is only general information.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.