Searches the accused / suspect represent one of the most serious encroachments on their rights. Most of the time, the police come as a complete surprise. It should come as little surprise if most of those affected unintentionally commit serious mistakes because of this overwhelming effect, which make the necessary defense in criminal proceedings more difficult. To prevent such errors, you will find brief instructions here.
- Statements and other small talk with the investigating authorities are prohibited. Don’t sign anything without checking with your lawyer. Even informal conversations can and will be used against you. Insist on the right to contact your lawyer! If you are not allowed to do so, work towards having this fact recorded in the search log. Ask the investigators to start the search only after your lawyer arrives.
- A search requires a judicial decision. Have this search warrant handed over to you. If the officials justify the search with the assumption of “imminent danger”, ask for the reasons for this and note them down for later review. Make sure that the search warrant is older than six months. In this case it is invalid.
- There are no possibilities to defend oneself against the search. It must be tolerated.
- In order to shorten the search, it can be helpful to voluntarily surrender the items you are looking for. Another possible advantage may be that no “accidental discoveries” are made that are interpreted by the investigating authorities as initial suspicions of further criminal offenses. You should clarify this with your lawyer in advance.
- Do not make objects or documents appear to be disappearing. This could constitute grounds for your arrest.
- As the owner of the domiciliary right, you may be present during the searchas long as you do not interfere with the search. People you trust can be called in to the search as long as they do not interfere with the search. In the event of a malfunction, the relevant people can be arrested until the end of the search.
- At the end of the search, you must be given a list of the items seized. Make sure that this is complete and that the items seized are precisely identified.
- If all the items searched for according to the search warrant have been found, the search may not be continued. If this is done anyway and items are subsequently seized to which the search order does not refer, you should object to the seizure.
If you have any further questions or urgently need help, please do not hesitate to contact us.
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