House Search in Germany – How to Respond Correctly

In Germany, a house search allows the public prosecutor’s office to obtain evidence for criminal proceedings. House searches are regulated under Sections 102, 103 of the German Code of Criminal Procedure (StPO) and can serve both to apprehend suspects and to secure evidence. A house search can take place at the suspect’s premises or at a third party’s location. House searches can have serious consequences, such as forcing a business to cease operations or leading to the seizure of work materials that can no longer be used.

House Search in Germany: Behavioral Tips from a Criminal Defense Lawyer

House searches in Germany often lead to confrontations between those affected and the authorities conducting the search. It is important to note that any inappropriate behavior by the accused can have direct negative consequences for the further course of the proceedings. Any such behavior is problematic for the defense lawyer to correct afterwards. It can also happen that the accused unknowingly waives their rights during the house search.

We have therefore compiled the most essential behavioral tips for you:

Request to See the Legal Remedy Notice

The most important thing is to remain calm and not resist during the search. Acts of resistance can be held against you in later proceedings – for example, as a so-called act of concealment of evidence. In the worst case, this can result in new criminal proceedings, such as verbal threats against officials or physical resistance. You should remain calm and controlled if only to maintain an overview of what is happening. This can bring you decisive advantages. Also, ask to see the notice of legal remedy. If this is missing, it may constitute a procedural error under German criminal procedure. It is also advisable to keep an eye on the officials’ actions. Make notes if necessary. Here, too, any procedural errors by the officials may be cited in your favor afterwards. Ask the operation leader to show you their service ID and note down their name.

Request to See the Search Order

Under German law, you must ask to see the search order, ideally obtaining a copy that you keep. The search order states the reasons for the house search. This also gives you an impression of what suspicion exists against you. It also clarifies what the officials are looking for. For example, if they are looking for data on specific storage devices, you can ensure that the search remains limited to these. You can show the officials the specific items they are seeking. Through this cooperation, you can prevent incidental findings that could potentially have adverse effects on the proceedings or lead to new proceedings.

Make No Statement During the Search

Under no circumstances should you make a statement during the house search. Even if you are under pressure and hope to resolve the matter through a statement, you should refrain from commenting on the allegations. Provide only your personal details.

If the officials give the impression that this is an informal conversation from which nothing will be disclosed, it will nevertheless be used against you in the proceedings. Therefore, be careful about what you reveal. This also applies to your employees. Instruct them to remain silent as well, because any statement by an employee can later count as witness testimony. In doing so, your employees may also be doing themselves a favor, as they can ensure they are not later implicated as an accomplice to a criminal offense without having consulted a lawyer beforehand.

Contact a Lawyer

Contact a lawyer as soon as possible after the house search begins. Section 137 StPO grants you the right to legal representation at any stage of criminal proceedings in Germany.

This is useful for several reasons:

A suitable criminal defense lawyer can provide you with immediate behavioral advice and thus avert negative consequences for you. There is also the possibility that your defense lawyer can speak with the operation leader by telephone. This enables the lawyer to gain an initial overview of the house search, and the police are warned to do everything correctly.

Ideally, the lawyer comes directly to the scene. However, the officials have no obligation to wait for your lawyer. You can, however, until your lawyer arrives, ask the remaining officials to show their IDs and ask about the role of each official in the house search. In this way, you gain time.

Cooperate

Basically, the same principle applies here: remain calm. Under no circumstances should you attempt to make files disappear, delete data, or otherwise destroy evidence during the house search. If you violate this, you face the risk of pre-trial detention in the worst case due to the so-called risk of concealment of evidence. Try to cooperate with the officials as far as possible – without incriminating yourself. This can later be interpreted in your favor. However, there is no obligation to cooperate.

Object to Seizure and Copy Files

If the officials want to seize certain items, object immediately and under no circumstances declare your consent. Your objection will not prevent the items from being taken, but it will turn a simple seizure into a formal confiscation. This, in turn, has the consequence that the items must then be presented to the investigating judge, who must decide on the necessity of the confiscation. The judge’s decision can then be challenged by your defense lawyer in later proceedings.

Ensure that all confiscated items are recorded in the search protocol during the house search, just as you must ensure that objections to the seizure are noted there. Have a copy of the protocol handed to you at the end of the search. Then check its accuracy once more. You can also clearly mark your objection on the protocol. If files or documents are confiscated, try to copy them beforehand so that you have the potential evidence against you at home, allowing you to be better prepared later. However, this right can usually only be successfully asserted with the assistance of a lawyer, as they are familiar with the procedure during a house search in Germany and can thus better influence the officials.

Behavior After the House Search

At the latest, when the house search is over, you should contact a lawyer who has sound knowledge of German criminal and criminal procedural law. They can then immediately initiate all legal steps to influence the further course of the proceedings as quickly as possible. With the proper legal representation, possible mistakes you made during the house search can still be corrected to guarantee the best result for you in the criminal proceedings. Therefore, do not wait for the public prosecutor’s office to contact you after a search has been conducted. Take action yourself – this can bring you decisive advantages.