🚪 Search

When the police may search your home or belongings and what you can do in that situation.

search search warrant judicial authorisation requirement imminent danger seizure home

In brief

The police may search your home if you are under investigation and evidence is to be found or you are to be arrested (§ 102 StPO).

As a rule, a judge is required for this. Only in cases of imminent danger (Gefahr im Verzug) may the public prosecutor's office and its investigators also order it (§ 105 StPO).

Ask for the warrant. Have your rights explained. Call a defence lawyer. Say nothing about the case if you are unsure.

Step by step

Look at the warrantAsk for the search warrant and note what it says.
Call a defence lawyerYou may consult a defence lawyer at any time.
Say nothing about the caseYou do not have to make a statement.
Note what is seizedAsk for a list of the items taken.

Deadlines

Rule: judge

Order only by a judge; exception: imminent danger§ 105 Abs. 1 StPO

Watch out – common mistakes

Resistance can make you liable to prosecution yourself. Pursue legal remedies later.
Deadlines for legal remedies against a search and seizure have not been checked here.

In depth · legal basis, figures and practice – for advisers and professionals

Requirements

§ 102 StPO permits a search of the home and other premises as well as of the person and the items belonging to them, in the case of someone suspected of being a perpetrator or accomplice in an offence or of data handling, accessory after the fact, obstruction of justice or handling stolen goods, both for the purpose of arrest and where it can be presumed that the search will lead to the discovery of evidence.

Order

§ 105 para. 1 StPO: Searches may be ordered only by a judge, and in cases of imminent danger also by the public prosecutor's office and its investigators (§ 152 GVG). § 105 para. 2 StPO: When premises are searched without a judge or public prosecutor present, a municipal official or two members of the municipality are, if possible, to be called in as witnesses. § 106 StPO: The holder of the premises or items may be present at the search; if absent, their representative or an adult relative, member of the household or neighbour is, if possible, to be called in.

Legal protection

Legal remedies against search and seizure (complaint, application for a court decision) were not examined here in their wording. A defence lawyer can assess the prospects of success.

Who is responsible

Investigating judge at the local court
Public prosecutor's office
Lawyer as defence counsel

Quick questions

Worum geht es bei „Search“?

When the police may search your home or belongings and what you can do in that situation.

Which deadlines and figures matter?

Rule: judge: Order only by a judge; exception: imminent danger (§ 105 Abs. 1 StPO)

What should I do first?

Look at the warrant: Ask for the search warrant and note what it says.
Call a defence lawyer: You may consult a defence lawyer at any time.
Say nothing about the case: You do not have to make a statement.

What do I need to watch out for?

Resistance can make you liable to prosecution yourself. Pursue legal remedies later.
Deadlines for legal remedies against a search and seizure have not been checked here.

Evidence

Bundesministerium der Justiz, Gesetze im Internet: § 102 StPO, retrieved 20 September 2026
Bundesministerium der Justiz, Gesetze im Internet: § 105 and § 106 StPO, retrieved 20 September 2026

As of

September 2026 · Sources and method

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