Searches in Cologne and nationwide: how to behave correctly

When does a house search take place?

A house search represents a massive encroachment on the rights of the person concerned. Due to the intensity of the intrusion, it is only possible with a court order.

As a rule, house searches are used to find evidence to clarify a suspicious situation. However, searches to locate the accused are also possible.

As part of search measures, files are regularly confiscated and hard disks, laptops, cell phones, etc. are provisionally seized. These items are then taken away for police analysis of the data on them.

The basic prerequisite for a search is an initial suspicion under criminal law. This means that the suspicion must be based on concrete facts; vague indications or mere suspicions are not sufficient. A search may therefore not be used to determine facts that are necessary to establish an initial suspicion.

If there is such an initial suspicion, the search must also be a proportionate means of finding evidence. At the time the search warrant is issued, it must therefore be reasonable to assume that the search will lead to the discovery of evidence. In addition, the measure must be proportionate to the seriousness of the offense and the strength of the existing suspicion.

Who can be searched?

A search is not only possible at the defendant's premises, but also at the premises of a third party (e.g. in the company, at IT service providers, etc.) if the search measure promises to be successful there.

Behavior in the search situation

The early involvement of a specialized defense lawyer is of great importance for further investigation proceedings and reputation management in the aftermath.

We accompany you in the run-upto, in the search situation and afterwards.

Basically, the following should be noted:‍

1. Keep calm.
2. Set the reporting chain in motion: If precautions have been taken (dawn raid exercise), inform the designated contact persons.
3. Notify a lawyer: The investigating officers may have already taken cell phones and other means of communication. Nevertheless, you have the right to be accompanied by a lawyer during the search. The investigating officers will comply with this request.‍
4. ‍Request discretion: Ask investigators to first discuss the facts of the case outside publicly accessible premises.‍
5. Obtain information: Have the search warrant handed over and copy the officers' identity cards, clarify against whom the search warrant is directed.‍
6. Sort out the situation: Ask officers to wait with the search until the lawyer arrives.‍
7. No self-incrimination: Accused persons have the right to remain silent and the right to seek the assistance of a defense lawyer - i.e. not to make any statements about the case initially. Witnesses also have the right to be assisted by a lawyer - i.e. not to make any statements about the case without the assistance of a witness.
8. Prepare documentation: Record all search actions.
9. Defense: The lawyer involved will examine the search warrant and work towards sealing the seized evidence so that it cannot be evaluated before the court examines the seizure.

Preparation in the event of a search

If there is a suspicion that a search may be carried out, legal advice should be sought immediately. Communication between lawyer and client is protected so that the suspected situation can be discussed in confidence. It may even be possible to avert a search.

In corporate compliance, provisions should always be made for the emergency of a "house search", regardless of the existence of the specific risk. This is done by setting up and developing an effective compliance management system that recognizes and manages risks at an early stage. However, this should also be done by taking reactive precautions:

• Definition of a reporting chain (reception to management) and legal contact persons in the event of a house search (if necessary for several locations of the company)
• Creation of internal guidelines in the event of a search
• Sensitization and employee training on internal guidelines in the event of a search and on dealing with investigating officers
• Dawn raid exercises: Simulation of a raid with subsequent employee feedback