House search – what to do? Your criminal lawyers from TWP in Hamburg will clarify

If your home or apartment is subject to a search warrant, remaining calm is the most important first step. As experienced criminal defense lawyers from Hamburg, we understand how stressful such a measure can be. A search constitutes a significant intrusion into your privacy and is subject to strict regulations under the Code of Criminal Procedure (StPO).

Ask to see the search warrant and request a copy or to be allowed to take a photograph of it. Do not make any statements about the matter or the crime mentioned in the warrant, and contact your criminal defense lawyers as soon as possible, ideally while the police or customs officials are still on site.

We will accompany you directly during the search, review the legality of the warrant and the investigative measures. In Hamburg and Northern Germany, we are there for you on-site and ensure that your rights as an affected party are protected.

Legal basis and requirements for a search

A search may only be carried out if there is a concrete initial suspicion of a crime. The Code of Criminal Procedure (StPO) regulates the requirements for ordering a search (§§ 102, 105 StPO). These are:

• A written, current search warrant or – in case of imminent danger – a search order from the police or public prosecutor's office.
• Specific description of the rooms to be searched and the person concerned.
• A statement of the purpose and nature of the measure, combined with a judicial review of its proportionality.

The main reasons for a house or apartment search are the suspicion of finding someone, especially a suspect, or something, i.e., evidence (so-called search for evidence) or of obtaining investigative information (so-called investigative search). It is the same measure; only the purpose differs. The legal basis, however, is the same. 

The search may encompass premises belonging to the suspect, including second homes, business premises, or motor vehicles. Premises belonging to third parties may only be searched under strict conditions.

What is permitted during a search?

The police are permitted to seize all evidence related to the crime, regardless of whether it is obvious evidence used in the crime or – within the framework of the conditions established by the Federal Court of Justice – so-called incidental findings. This includes not only physical objects but also electronic storage media or accounting documents, especially in complex investigations.

When is a search of a residence unlawful?

A search is particularly inadmissible if:

• A warrant is missing or the warrant is flawed (e.g., the court order for the search was issued more than 6 months ago, or the information is inaccurate).
• The search was carried out outside the legally permissible times pursuant to Section 104 Paragraph 1 of the Code of Criminal Procedure, and there is no justifiable reason for it.
• The measure is disproportionate.

What constitutes imminent danger and what is permitted in such a situation?

Imminent danger exists in house searches when the police or public prosecutor's office must act immediately without a prior judicial warrant because otherwise the purpose of the measure – usually the securing of evidence – would be jeopardized. Specifically, this means that a judicial search warrant cannot be obtained in time without evidence being destroyed or rendered untraceable.

The essential prerequisites according to case law and the legal requirements of Sections 102 and 105 Paragraph 1 Sentence 1 of the Code of Criminal Procedure are:

• The actual, concrete and urgent danger at the time of the order, i.e., an immediate need for action.
• The public prosecutor's office or the police must have previously attempted to obtain a judicial order.
• The assessment of the danger must be based on verifiable, concrete facts, not on mere assumptions or routine criminal investigation procedures.
• The measure must be carried out immediately.

In cases of imminent danger, the public prosecutor's office or the police can act immediately without a judicial search warrant. The lawfulness of the search is determined by the assessment of the situation at the time the order is issued, and not by later circumstances or the time of execution. The legal evaluation, the reasons, and the time frame of the decision must be documented. 

Tips for those affected by a search in Hamburg and the surrounding area:

• Stay calm and do not offer any physical resistance.
• Ask to see the search warrant, request to take a photo of it, and check its validity and the information it contains.
• Do not make any statements – and especially not any declarations – without legal counsel. Every word could be crucial later.
• Voluntarily surrender wanted items to avoid coercive measures.
• Request a copy of the search warrant report and make a written record of what happened (who was there, what was taken, what was said).

Support from experienced criminal lawyers in Hamburg

A police search of your home is a serious intrusion into your privacy. It is essential to conduct an immediate legal review to determine whether the requirements of Sections 102 et seq. of the German Code of Criminal Procedure (StPO) and current case law are met. Our competent criminal defense lawyers in Hamburg carefully examine every warrant and enforce your rights.

Contact our law firm in Hamburg as soon as possible if you are affected by a search – we are on your side, in Hamburg and Northern Germany also directly on site during the search.

FAQ – Frequently asked questions about house searches