Police are searching your home: what should you pay attention to?

Entering, searching for someone and searching are different

The police can enter a home for various reasons. Arresting someone, providing assistance and specifically searching for evidence are not the same actions. Which authority is required partly depends on the purpose, the circumstances and the legal regulations used. The general term search warrant therefore does not explain every situation.

Calmly ask who is responsible, for what purpose they are entering and which documents belong to it. Write down the explanation as precisely as possible. Don't draw your own conclusion that every action without your consent is unlawful, but also don't assume that consent for one action covers every other investigation.

What exactly are you being asked?

Ask for clarification if the police asks permission. Is it about entering, viewing a specific space or a broader investigation? Understand what you are being asked before you answer. When an independent legal authority is used, your refusal cannot simply mean that the investigation stops.

Legal conditions apply for more serious investigative tools and permission from judicial authorities may be required. Have it assessed afterwards which basis was actually applied. To do this, a lawyer needs, among other things, the purpose of the action, the officers present and the available authorizations or reports.

Are you a resident, witness or suspect?

A search of a home does not automatically make every resident a suspect. Ask what your own position is, especially when substantive questions are asked about items, messages or other attendees. As a suspect you have different rights than someone who is only asked about his observations.

If there is any uncertainty, ask for consultation with a lawyer before making a substantive statement. Please indicate if you do not understand a question. The page witness or suspect helps to recognize the distinction. Do not answer questions about your own position solely based on the idea that you are only a host or fellow resident.

Draw attention to children, care and necessary safety

Tell people when children or vulnerable residents are present and when medication or acute care is needed. Ask where you can stay during the research and who you can contact for necessary care. A practical question is often better asked separately than during a discussion about the suspicion.

Stay out of the way of investigation actions and do not move objects or data to keep them out of the investigation. If you object to the course of events, state it calmly and remember which action you mean. Concrete data helps a lawyer more than a general conclusion that everything went wrong.

What items were taken?

In the event of seizure, you will receive a receipt according to the information from the Public Prosecution Service at the time of the action or as soon as possible afterwards. Check which objects and dates are on them. A telephone, administration or money may have been seized for various purposes; ask for the available registration and the case number.

Create your own business list with description, quantities and possible owner, without changing the receipt. Tell us if an object belongs to a roommate, employer or customer. Save purchase or loan information that can substantiate this. The explanation about seizure further discusses return and objection.

Understand waiver and ownership statements

A statement that you are renouncing an item is different from simply confirming that it has been taken. Therefore, read documents carefully and ask what the consequences are. Please mention if you do not understand something or do not know who owns it. Don't fill in missing knowledge to complete a form quickly.

Digital equipment may also involve data belonging to others. Bring this to the attorney's attention and discuss how necessary private or work interests should be argued. Do not modify or delete files to influence the investigation. Questions about access, data research and recovery of equipment must be assessed specifically.

Submit a factual overview to your lawyer afterwards

Write down when the investigation started and ended, who gave explanations and which actions you saw yourself. Keep your own perception separate from what someone else said. Save any left behind items and note any possible damage. Where possible, use photos of the situation afterwards without unnecessarily disclosing other people involved.

Ask the lawyer which reports or decisions from the criminal file are required. A search can be legally assessed differently than the processing of a seizure or a claim for damages. Moreover, an error in one part does not automatically lead to a certain outcome of the entire criminal case.

The right follow-up question prevents unnecessary waiting

Determine what outcome you are looking for now: explanation of your rights, control of the search, recovery of an object or assistance with an upcoming interrogation appointment. This determines which documents and authority are relevant. Just a general complaint about the performance is not automatically a request for the return of attachments.

Ask who monitors a current term or new call. Also note what is not yet known, for example whether you will be heard as a suspect later. Preparing does not have to mean investigating the matter yourself. This involves preserving existing information and having the appropriate next step assessed in a timely manner.

• Ask who is acting, for what purpose and on what basis.
• Report medical necessity and vulnerable attendees.
• Ask for an explanation about your own process position.
• Save authorizations, documents left behind and receipts.
• Afterwards, write down facts, objects taken and outstanding questions.