Everything you need to know about house searches

September 16, 2021 /

It usually comes as a surprise and causes unease: we are talking about a house search. Here you can find out what requirements must be met for a search, how it works and how you should ideally behave.

Requirements for a search warrant

The purpose of a search is, among other things, to apprehend a suspect or to secure evidence. However, house searches may not be carried out in order to substantiate a suspicion of a crime through investigation.

A house search is a serious intrusion into the privacy of the person concerned and temporarily removes the inviolability of the home. Therefore, there must be valid reasons for a search warrant and proportionality must always be ensured both in terms of the reason for and the course of the search.

The prerequisite for a house search is the suspicion of a criminal offense. Mere suspicions are not sufficient; there must be concrete evidence. If there is no imminent danger, a court order is also required.

What exactly may be searched?

Contrary to what the name might suggest, a house search pursuant to Sections 102 et seq. StPO, not only the house or apartment in question may be searched, but all premises occupied by the suspect. This also includes, for example, business premises or temporarily used hotel rooms.

The rooms of roommates or third parties may not be searched unless a separate search warrant has been issued for these rooms.

Procedure of a house search

A search usually takes place early in the morning and is also permitted at weekends. According to the law, searches may not be carried out at night, i.e. between 9 p.m. and 4 a.m. from April to September and between 9 p.m. and 6 a.m. from October to March, unless there is imminent danger.

The house search is carried out by the police, in some cases a public prosecutor is also present. In the case of tax offenses, the house search is carried out by the tax investigation department, in the case of illegal employment by customs.

When explosives or drugs are being searched for, a sniffer dog is often used.

Before the house search, you will be presented with a search warrant, which you should read through carefully. This will tell you the reason for the search, what is being searched for and which premises may be searched.

How do I behave during a house search?

In order to avoid further unfavorable consequences for you, it is important to be aware of your rights and obligations in advance of a search.

Stay calm and in control

Behave calmly, remain friendly and do not resist, so that this cannot be held against you in later proceedings.

Make a note of the names of the officers involved. Make sure that no bystanders are present during the search.

Have a search warrant presented

Be sure to ask for the search warrant and make a copy if necessary. This will give you an initial impression of the specific suspected offense and, if necessary, you can focus the search on the evidence and documents that are actually affected by the investigation in order to avoid accidental finds.

Showing moderate cooperation

The most important thing first: Do not make any statements during the search, even if the urge to justify yourself may be great at times. However, any statements can be used against you in a later trial. You should therefore only provide personal details. This also applies to any witnesses present.

In addition, you should never try to destroy evidence during the house search. Instead, cooperate with the officers – but in moderation. Although there is no legal obligation to actively cooperate during the search, you should nevertheless present the items and documents you are looking for without being asked in order to protect items that are not part of the evidence being sought.

You should expressly object to the seizure of your items – even if you cannot prevent it. However, you can then have the seizure contested later by a criminal defense lawyer. Make copies of your documents and files before taking them with you. If you are presented with a search report at the end of the house search, make sure that your objection to the seizure is noted there. However, it is best not to sign the record.

Consult legal counsel

Contact your criminal defense lawyer as soon as possible (preferably before the search begins).

You are legally entitled to this according to § 137 StPO. He can give you further helpful tips on how to behave correctly and guide the house search in your favor within the scope of his possibilities.

The law firm Höchstetter & Koll. and Dr. Klaus Höchstetter will be happy to assist you as a specialist lawyer for criminal law.

0897463090

info@hoechstetter.de

Mo-Fr 8-12:30 Uhr und 13:30-17 Uhr