House search
A house search refers to a judicial-ordered measure in which one or more residential units of an accused are searched (usually by police officers) . The aim here is primarily to secure or confiscate evidence in order to then initiate subsequent proceedings if necessary .
Usual procedure
First of all, a house search warrant must be available with the signature of a local judge, unless the justification of the 'imminent danger' is incumbent upon us, whereby the apartment unit can be entered spontaneously (by force) even without a decision.
House searches in Germany usually take place in the (early) morning hours. Usually the measure is not announced in order to prevent the previous destruction of evidence. How exactly access to the space is obtained depends on the severity and type of the previous offense. If the danger situation is low, the person to be searched is usually asked to open the door himself. If the accused does not comply with the request after the police have announced, this is done with forced action by the officers using a locksmith or obtaining access through a duplicate key, the caretaker or the landlord. In the case of more serious offenses and / or the perpetrator's known danger or proven dangerousness, the apartment door is usually opened suddenly with the so-called 'ram', sometimes with blinds and loud prompts to intimidate the accused and to prevent the risk of resistance.
After entering the apartment, the search of the premises begins; how intensive is not precisely stipulated in any codex, but is measured primarily against the previous criminal investigations, but also the gusto of the police officers. If the accused defends himself, this often leads to an arrest and subsequent identification treatment, including the taking of fingerprints and a three-sided photograph of the accused.
After successful seizure, the public prosecutor may initiate criminal proceedings against the accused. If this is successful, legal proceedings follow in which the defendant has to comment on the allegations. The punishment to be expected (e.g. fine, imprisonment, or social hours) is based on age, type of offense, conviction, but also on the quantitative and qualitative basis of the previous evidence.
Criticism on psychosocial consequences, data protection and quantity
The potentially traumatic psychosocial consequences of house searches are often neglected. Searches of personal living space are a major cut in the private sphere and can be perceived as extremely stressful by those affected. Any post-traumatic symptoms often resemble those of a burglary and can range from depression, panic attacks to attempted suicide or suicide. It is true that the person concerned can file a lawsuit, for example because, in his opinion, the house search was unlawful, because the officers acted improperly and / or even violently, or because evidence was not released long after the search without giving reasons. However, only a very small percentage of these lawsuits have a real chance of success.
Furthermore, an unnecessarily large amount of material is often confiscated, as here too the investigators are given a wide scope for action. In particular, everyday electronic devices; such as smartphones, notebooks, PCs or tablets, but also storage media such as USB sticks are of interest because the investigators can often easily come across supposedly informative data and thus clues. The big problem here is that the police officers in many cases have an almost transparent view of the suspect's private life. Files that have already been deleted can also be restored with special software, provided that they have not been overwritten after deletion (as with special software). If the investigators also have access to sensitive data for the hidden content in social networks such as Facebook or even email mailboxes, the insight is even more precarious and often catastrophic in terms of data protection law, and often bears little relation to the crime committed. It is all the more precarious that sensitive data has repeatedly been 'leaked' from police computers. In addition, the return of the devices can be delayed for months or even years - even without giving reasons. If the latter is decrypted with TrueCrypt, for example, the devices are usually not returned unless the accused provides the relevant authorities with the passphrase.
In addition to the capture and confiscation of property, it is also common for the police to try to elicit further details or even a confession from the person searched through manipulative rhetoric during the search. No consideration is given to the 'morning drunkenness' or the immense psychological pressure. Such statements are generally admissible in court as an indication and can therefore quickly become fatal for the accused, even if the information was obtained through ethically questionable means or targeted 'social engineering'.
Finally, the quantitative dimensions of house searches in Germany are often viewed as disproportionate. Even if there are no official statistics that are externally available, there are sporadic waves of 'house searches' in the three- or even four-digit range across the board. The proportionality, privacy (see above) but also the basic rights of the citizens are mostly completely out of respect and the basic principles of the measures are contrary to the actually ruling democracy and the Basic Law. Only a very small number of the draft decisions submitted to the judge are ultimately not signed.
Individual evidence
- ↑ Police law. Retrieved July 20, 2020 .
- ↑ Federal Agency for Civic Education: Danger in Default | bpb. Retrieved July 20, 2020 .
- ↑ Help, house search! When the criminal investigation department asks about the computer. August 17, 2016, accessed July 20, 2020 .