Body search
In a body search, a person is searched for objects in the region of the body, for example drugs , weapons or dangerous objects. It is carried out by a same-sex person in a discreet setting. In the absence of consent or the legal requirements, a body search is unlawful and may also be criminally relevant.
Depending on the occasion and circumstances, a distinction must be made between a search with consent on the one hand, for example as part of the security check at airports, and a sovereign intervention measure on the other hand, for example in the case of criminal suspects or a bag seizure . Consent can be tacit, contractual or express. Private security services , for example in department stores and discos, are only allowed to search with consent if there is a concrete suspicion of a criminal offense.
The sovereign measure can also take place against the will of the searched person if certain legal requirements are met. Body orifices such as the oral cavity, ear canal, rectum and vagina can also be examined. In prisons , body searches are the rule or even mandatory when the prison sentence begins.
Web links
Individual evidence
- ↑ Federal Court of Justice , judgment of July 3, 1996, Az. VIII ZR 221/95, NJW , 1996, 2574. Full text ( Memento of the original of July 18, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
