Your reliable companion for Searches and Seizures

If at all possible, ask a lawyer you trust to attend, ideally before the actual search begins. The investigating authorities can and should wait a reasonable amount of time for a lawyer to arrive in reasonable circumstances.

If your lawyer is unable to arrive on site within a reasonable time, he will try to find a colleague who is able to do so and send him to you. If this is also unsuccessful, make sure that telephone contact with your lawyer is possible without restriction in all cases where questions arise.

The conversation between you and your lawyer must not be overheard. However, the officers are entitled to ensure that you only call your lawyer and do not call other people, for example to warn you that they could also be searched in the near future.

The intrusion of state investigators into both business and private premises inevitably triggers considerable and strong emotions. It is therefore not uncommon for such actions to result in attacks on the investigating officers. For this reason, they usually appear armed and wearing protective vests.

Of course, the visibly carried firearms also serve to intimidate the citizen. However, in some cases they also serve to protect the officers themselves. You should therefore assume that both you and the investigating officers will be nervous and extremely tense during a search, which often occurs at the beginning of the search.

If you can, try to relax the situation. Ask the officers into a room where you are able to read the search warrant in peace. Offer the officers drinks: Water, coffee or even tea are permitted. Discuss the objectives stated in the search warrant and, if possible, calmly discuss the items to be found.

However, be careful not to make any statements about the matter during this discussion about the course of the search, i.e. spontaneous statements that can be used in principle; this applies regardless of whether you are a witness or a defendant.

Do not allow yourself to be tempted by the friendliness of the officers to make a quick statement that “can certainly get this unpleasant matter out of the way quickly”. In extreme cases, the officers may even mean this sincerely, but it does not reflect the actual situation of state power versus citizens.

Please bear in mind that your IT will normally also be searched and that the relevant files will usually be copied onto a hard disk and taken away. In the case of documents, you can ask for a copy to be made for you, especially in the case of cases that are still being processed and require further handling in the normal course of business.

It is extremely important that all items and documents that the officers want to take and confiscate at the end of the search are described exactly in the search report; i.e. not five file folders, but one file folder for case A, two file folders for case B, one file folder for case C. The more precisely you document this and attach importance to it, the easier it will be for you to defend yourself later with regard to the documents found.

Please also bear in mind that documents can also be lost by the investigating authorities due to the abundance of material. Unfortunately, it is not always advisable to agree to the seizure of items and to hand them over voluntarily. Such cooperation with the investigating authorities should only take place if this has been agreed in advance of a search. However, if the state comes to you by force, it must expect you to object to the actions. This safeguards your rights in the further course of the investigation.

Please also be prepared for your cell phone to be taken and for your car to be searched; this is absolutely normal nowadays and is usually included as standard in the court search warrant.

At the end of the search, you should seek calm contact with your lawyer again to discuss the options for objecting. If you no longer have a telephone, please buy a prepaid cell phone as soon as possible so that you can communicate for the first few days.

Of course, you should always bear in mind that often not only the search has been ordered, but also the telephone surveillance.

In the event of a search, you can count on our extensive experience and professional support.

For the purpose of effective criminal prosecution, the state has given the investigating authorities the option of restricting the fundamental rights in question here in order to obtain evidence.

Before such measures are taken, a judicial decision is generally required, with the exception of emergency and urgent cases. Unfortunately, the corresponding applications are very often not processed with particular care, especially when ordering a search.

In our experience, far more than half of the court orders for search and seizure do not comply with the statutory protection rules.

Searches are regulated in the Code of Criminal Procedure (StPO) and can be used to find evidence, but also to apprehend the suspect. A distinction must be made between the search of the suspect in accordance with § 102 StPO and the search of other persons in accordance with § 103 StPO.

Here too, however, there is a tendency among the prosecuting authorities to no longer make this distinction precisely and instead to simply mix up the different requirements when applying to the court. The requirements for a search of a suspect are

• Judicial warrant: As a rule, a judicial search warrant is required.
• Imminent danger: Without a court order, a search is only permitted if there is imminent danger.
• Suspicion of a crime: There must be sufficiently concrete evidence of involvement in a criminal offense.
• Proportionality: The measure must be appropriate and proportionate to the seriousness of the offense.

A search of third parties, i.e. witnesses or other uninvolved persons, takes place if there are indications that evidence or traces of a criminal offense may be found there. There must be specific facts that give rise to the suspicion that the evidence sought is in the possession of the person concerned. The interference must be proportionate and there must be no milder means available to secure the evidence.

Particularly in the case of searches of tax advisors or legal counsel, there are high formal requirements for the proportionality test.

Our law firm is at your side at all times during a search and seizure. We offer you immediate and competent support to protect your rights and accompany you through the search process. Our experienced lawyers specialize in advising you in such situations and know how to best represent your interests. We will help you take the necessary steps to minimize the damage and strengthen your position.