What to do in the event of a search of your home?

1What is it about?

A search may in principle only be carried out on the order of a judge; where delay would jeopardise the investigation, it may also be carried out by the public prosecutor’s office and its investigators (§ 105 StPO). In the case of accused persons, searches of the home, business premises, person and property are permissible if it may be presumed that evidence will be found (§ 102 StPO); in the case of other persons, on narrower conditions (§ 103 StPO).

Objects secured may be seized (§ 94 StPO). This frequently concerns mobile phones, computers, data carriers and documents. Evaluation can take months. Searches usually take place in the morning and without warning.

2Typical case scenarios

• Search of the home on suspicion of a criminal offence.
• Search of an office, law firm or practice, with special protection for persons bound by professional secrecy.
• Search at the premises of third parties, such as relatives or flatmates.
• Securing of mobile phone, laptop and cloud data.
• Search at companies in connection with white-collar or tax proceedings.

3Frequently asked questions

4How the proceedings unfold

1. EntryPresentation of the warrant, caution, search witnesses.
2. SearchFinding and securing of evidence, inventory of the objects.
3. SeizureObjection possible; avoid voluntary surrender.
4. EvaluationReview of data and documents, return where applicable.

5What requires particular attention

• Stay calm and offer no resistance. Cooperate outwardly, but say nothing on the matter.
• Ask to be shown the warrant, and note the time and the names of the officers.
• Do not hand over objects voluntarily; have them expressly seized.
• Sign nothing without checking it. Ask for the inventory of the objects secured (§ 107 StPO).

6How we defend you

We are reachable during searches and advise immediately on how to behave. We examine the search warrant for suspicion, proportionality and specificity and lodge a complaint if there are defects. We also seek to protect professional secrets.

We apply for access to the case file, arrange for the return of objects and data that are not needed and examine whether the evidence obtained may be used. We then align the further defence with what has been learned.