A search of a person is understood to be both a search of a person’s clothing and the items he or she has with him or her, as well as an inspection of the unclothed body.
Such searches are permissible if the person:
- was arrested or was caught while committing the criminal act,
- is suspected of a criminal offense and, on the basis of certain facts, it may be assumed that he or she has objects or evidence relevant to the proceedings on his or her person
- has suffered injuries as a result of a criminal offense or may have sustained changes to his body that need to be ascertained for the criminal proceedings
If the police wish to search a person’s clothing and belongings, they do not need an order from the public prosecutor’s office to do so; instead, the police may conduct such searches on their own initiative. In doing so, they must inform the suspect of the reasons for the search and request him to voluntarily hand over the items sought. In addition, a confirmation must also be given to the person concerned. If it is absolutely necessary, the police are also authorized to detain the accused for a few minutes. A longer detention would be an arrest and therefore also only permissible under stricter conditions.
The inspection of the body is subject to stricter conditions. Such inspections include cases in which the skin is photographed or patted down in order to find certain objects and traces. In contrast to clothing searches, the police can only take action on their own initiative if there is imminent danger. Otherwise, an order from the public prosecutor’s office based on a court authorization is required. Such searches must be carried out by persons of the same sex or by a doctor. The persons concerned are also entitled to consult a trusted person during the search.
