Prior to any search, the police are obliged to inform the person concerned about the reasons for the search, i.e. what exactly they are looking for and for what reason. The owner of the apartment must be given the opportunity to voluntarily surrender the object sought. The search becomes inadmissible when the searched item is handed over.
As the person concerned, you also have the right to be present during the search and to have a trusted person present. The criminal police must request the person concerned to attend the search. However, there is no obligation to comply with this request and exercise this right. If the owner is not present, an adult cohabitant may exercise his rights. If such a person is also not present, two uninvolved, trustworthy persons must participate in the search (e.g. neighbors). Only in case of imminent danger may the involvement of persons other than the owner be dispensed with.
During the search, property rights and personal rights must also be protected as far as possible and any disturbances and nuisances must be kept to a minimum. Excessive searches are unlawful, and any resulting damage can be claimed under the Public Liability Act (AHG).
Night-time searches are also permissible in principle if it is precisely the surprise effect that is important. Otherwise, night-time searches are to be refrained from in accordance with the principle of avoiding harassment.
After the search has been carried out, a confirmation of the search and its result, as well as the order of the public prosecutor’s office, if any, together with the court authorization, shall be issued to the person concerned within 24 hours.
