Login/Create Account
Everything you need to know about when the police can search your home—and how search warrants are obtained in Germany
Under German law, the home is considered a specially protected place. The Basic Law (Grundgesetz) safeguards it and grants residents strong privacy rights. However, certain legal situations may require the police to search someone’s home. This step—known as a home search (Wohnungsdurchsuchung)—is governed by strict rules and procedures to protect individuals’ fundamental rights.
In this article, we explain when the police may search your home, what a search warrant (Durchsuchungsbefehl) is, and what you are entitled to know and defend during such a measure.
Legal basis for a home search
Home searches in Germany are regulated by the Code of Criminal Procedure (Strafprozessordnung – StPO), especially Sections (§§) 102 and 105.
The German Basic Law also protects the inviolability of the home under Article 13 of the Grundgesetz.
When can the police search your home?
A specific criminal suspicion
If there is a strong and specific suspicion of a crime and it is believed that evidence is located in the home (such as weapons, drugs, or documents).
Searching for wanted persons
If it is believed that a wanted person is hiding in the home.
Saving lives or preventing an imminent danger
For example, medical emergencies or situations involving a direct threat to life or health (Gefahr im Verzug).
In such exceptional cases, prior judicial authorization may not be required.
What is a search warrant (Durchsuchungsbefehl)?
A search warrant is a written order issued by a judge authorizing the police to enter and search a specific residence.
It must clearly state:
-
the name of the person concerned,
-
the address and the specific target location,
-
the reason for the search and the evidence being sought.
Exception: urgent danger (Gefahr im Verzug)
If there is an immediate risk requiring swift action, the police may search without a warrant.
However, they must later justify this decision to the public prosecutor’s office or the court.
How is a search carried out?
Announcement and identification
The police must identify themselves and show the warrant before entering—unless there is urgent danger.
In your presence
Normally, the search is conducted in the presence of the resident or a trusted person, if possible.
Respect for property
The police are required to avoid unnecessary damage and to document any items seized accurately.
What are your rights during a search?
Request to see the warrant
You have the right to review the judicial order before the search begins.
Being present during the search
You (or someone representing you) may generally be present and observe the procedure.
Request a search record
Afterwards, you should receive a copy of the seizure list and the official report.
Right to a lawyer
You can contact a lawyer during or after the search for legal support.
What should you not do?
You must not obstruct the search or physically resist. Otherwise, you may face allegations such as “resisting law enforcement” (Widerstand gegen Vollstreckungsbeamte).
When can you challenge the search?
If you believe the search was unlawful or disproportionate, you can file a complaint (Beschwerde) with the court.
You can also challenge the legal basis of the warrant if you believe its reasoning was insufficient.
Conclusion
A home search in Germany is a highly sensitive and exceptional measure, permitted only in specific situations and under strict safeguards.
Knowing your rights, staying calm, and seeking legal advice are the most important steps to protect your position during any search.
Disclaimer
The site’s writers and editors strive to provide accurate information through extensive research and multiple sources. However, errors may occur or some details may be unconfirmed. Please treat this content as an initial reference and always consult the relevant authorities for verified information.
