House searches are highly invasive of fundamental rights, which is why their permissibility and the circumstances under which they may be conducted are subject to strict legal requirements.
Thus, the search of apartments or other places protected by domestic law – this also includes business premises or mobile homes and houseboats – is permissible if it can be assumed on the basis of certain facts that the accused or objects or clues are located there that should be evaluated or seized. A search based on the mere hope of finding something incriminating is inadmissible.
As a rule, house searches must be authorized by the court and ordered by the public prosecutor’s office. The authorization must be limited in time so that it can be implemented by the public prosecutor’s office and the criminal police within a few days. In case of imminent danger, however, the police may conduct the search without prior order and authorization.
In any case, in the event of a search, have the search warrant presented to you and, if possible, make a copy.
Note: The police cannot invoke a “voluntary inspection” by merely relying on your permission. Voluntariness only exists if the information is given that the search can also be refused. An inspection that is nevertheless carried out is unlawful.
