Ask for the search warrant.
Officers may only enter your home for a search with a valid (!) search warrant that is no older than six months and contains your correct personal data. Obtain a copy of the document immediately. Important: only in exceptional cases can a search warrant also be ordered by a judge by phone or verbally, for example, if there is an assumed risk of delay. However, the reasons for this must be recorded in the investigation file so that their legality can be reviewed later.
Contact a lawyer.
Ideally, you should call us as soon as the officers arrive. It may happen that you are issued a "contact ban" for the duration of the search, but you must under no circumstances be forbidden from speaking with a criminal defense lawyer. Ask the officers to wait with the search until your lawyer arrives; if they refuse, ask for the reason for their refusal and the legal basis for it, remain calm, and note down the names of the officers present.
If a valid search warrant is presented, do not resist.
Obstructing officers is punishable under Section 113 of the German Criminal Code (StGB). Searches and seizures must generally be tolerated. However, according to Section 106 of the German Code of Criminal Procedure (StPO), you have the right to be present during the search. Document any irregularities. If necessary, ask a witness to be present.
It is best to say nothing.
In the event of a house search, you should definitely exercise your right to remain silent, as even seemingly harmless statements could later be used against you. Under no circumstances should you make statements about the matter. You are also not obliged to provide PINs or unlock codes for mobile phones or smartphones, or computer passwords. Since the seized material is usually searched by the public prosecutor's office or relevant police IT specialists anyway, prematurely handing over passwords etc. offers no advantage.
Object to the search and the seizure.
At no point should you agree to the search, the review of documents, computers, smartphones, data carriers, etc., or their seizure, and do not sign anything that declares your consent. Ensure your objection is documented – typically, you will find various boxes on the report stating: "Approve search" or "Items voluntarily surrendered." Do not tick these boxes. Ideally, make your objection clear by writing the word O B J E C T I O N in large letters across the entire page of the report. After the search is completed, a seizure report should be presented to you; meticulously check whether all items taken are correctly listed. Also make a copy of these documents.
