Searches almost always start early in the morning, without warning. You are caught off guard, and it is in exactly these minutes that people say the things that later weigh most heavily. These seven rules help you stay calm.
1. Ask to see the warrant
As a rule, a search is ordered by a judge (Section 105 of the German Code of Criminal Procedure, StPO). Ask to see the search warrant and take a photo of it or ask for a copy. It states the allegation and what may be searched for. If there is no warrant, the officers will usually rely on “imminent danger”. Ask them to confirm this and make a note of it.
2. Do not obstruct, but do not help either
You have to tolerate the search. Physical resistance is a criminal offence and makes your situation worse. You do not, however, have to actively help: you do not have to open cupboards, look for documents or show where something is.
3. Remain silent, even in a “casual chat”
As a suspect you do not have to say anything about the matter. This also applies to seemingly casual questions in the hallway or the kitchen. Such remarks are recorded in notes and can be used against you later. You do have to give your personal details, i.e. name, date of birth and address.
4. Call your defence lawyer
Ask to be allowed to call your lawyer. The officers usually allow it. A defence lawyer can often speak to the officer in charge on the phone, clarify the scope of the search and tell you what to do now. Our emergency line is available around the clock for this.
5. Do not hand anything over voluntarily
The officers will ask whether you will hand over documents, your phone or laptop “voluntarily”. Do not do so. Instead, state expressly that you object to the seizure and have this recorded. Only then must the seizure later be confirmed by a court, and you can challenge it (Section 98 StPO).
6. Stay present
As the occupant you may be present during the search (Section 106 StPO). Make use of this: calmly observe which rooms are searched and which items are taken, and note down the officers’ names.
7. Ask for the record, but do not sign it
You are entitled to a written notice of the reason for the search and a list of the items taken (Section 107 StPO). Ask for both. You do not have to sign the record, though. Only sign after speaking to your defence lawyer.
After the search
Do not talk to anyone about the allegation except your defence lawyer, not even via messenger apps. Write down what happened as soon as possible, while your memory is fresh. Your lawyer will then apply to inspect the file and check whether the search was lawful and how you can get seized items back.
This article gives a general overview of German law at the time of publication and does not replace advice in an individual case. The German version is authoritative.