Durchsuchung bei Beschuldigten vornehmen

§§Sections 102 and 103 of the Code of Criminal Procedure (StPO)
§ Section 208 LVwG Entry and search of premises
§ Section 209 LVwG Procedure for the search of premises

A search of the home can be carried out both for the purpose of an arrest and to find evidence.

The home of a person accused of a criminal offense may be searched both for the purpose of apprehending them and to find evidence. In the case of other persons, searches are only permitted to apprehend a suspect or to find traces and evidence if the success of the search is probable on the basis of certain facts.

Otherwise, a search of a home may be carried out to take a person into custody, to seize property, to avert a significant current danger or for the purpose of enforcing monetary claims.

Searches may only be carried out on the basis of a court order, except in cases of imminent danger.

• The home of a person accused of a criminal offense may be searched both for the purpose of apprehending them and for the purpose of finding evidence.
• In the case of other persons, searches are only permitted to apprehend a suspect or to find traces and evidence if the success of the search is probable on the basis of certain facts.
• Otherwise, a search of a home may be carried out to take a person into custody, to seize property, to avert a significant current danger or for the purpose of enforcing monetary claims.
• Searches may only be carried out on the basis of a court order, except in cases of imminent danger.
• Competent authority: the district court in whose district the public prosecutor's office is located or the district court in whose district the premises to be searched are located.

The competent authority is the local court in whose district the public prosecutor's office is located or the local court in whose district the premises to be searched are located.