House Search

Should the police surprise you in demanding entry to your home with the intention of searching it, you should contact me by telephone immediately. I am reachable in case of such emergency at the following number: 0049170 55 35 250. I will come to your aid at the address in question and ensure that your rights are not violated during the procedure. In the mean time it is essential that you remain calm and desist in showing any aggressive behavior towards the police officers. Otherwise you may be faced with an additional charge of resisting law enforcement proceedings (§ 113 StGB) or insult (§ 185 StGB).

Be sure to ask the officer in charge of the search whether he is in possession of a search warrant or whether the search is based on suspicion of imminent danger. Request to be shown the search warrant with judges signature and insist on being given a copy. Proceed to carefully check the date of issuance of the warrant. A maximum of six months may have elapsed since the date of issuance, beyond which the document no longer validates a legal search. Be sure to inform the officer in charge to this effect.

It is absolutely essential that you avoid making any statement concerning your accusation. It is your right to remain silent. Insist further upon the summoning of witnesses to the search (neighbors) and do not let the officers beyond your range of sight. Do not offer any verbal consent to confiscations of items of any kind. Do not respond to any questioning regarding items seized. Insist also upon the listing of every confiscated object in the search protocol and demand that it be described in as much detail as possible. Should the officers conducting the search be looking for a specific item or series of items they are likely to find, it may actually be beneficial to produce these items willingly in order to avoid unnecessarily long search time and extent and reduce the likelyhood of them finding other potentially incriminating objects by chance.

I will then investigate whether the search warrant was issued and served in accordance with all legal guidelines. Should this not be the case, evidence found by means of the faulty warrant may have to be dismissed in the proceedings against you. Determining these facts requires a challenging legal analysis on the part of the defense which I will be glad to perform on your behalf.