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( § ) Search of Locations, Objects, and Persons | Harlander & Partner Rechtsanwälte GmbH

Search of locations, objects, and persons

Search of locations, objects, and persons
Legal basis and definition
Requirements for a search of locations and objects
Requirements for a search of a person
- Restrictions
Order and authorization
Execution of the search
Documentation and follow-up control
Legal protection
Your Benefits with Legal Assistance
Frequently Asked Questions – FAQ

Search of Locations, Objects, and Persons

The search of locations, objects, and persons pursuant to § 119 ff StPO is one of the central intervention measures in criminal proceedings. Its main purpose is to secure evidence, apprehend suspects, and preserve relevant traces. Due to the associated intrusion into privacy, it is subject to strict legal requirements and a clear judicial authorization requirement. Only in cases of imminent danger may the public prosecutor’s office or criminal police act independently.

The search serves to find evidence, persons, or traces at locations, in objects, or on persons to solve a crime.

When is a search permitted? Requirements, procedure, and rights during the search of locations, objects, and persons.

Legal Basis and Definition

The Code of Criminal Procedure (StPO) distinguishes between the

search of locations and objects, i.e., non-publicly accessible properties, rooms, vehicles, or containers, and
the search of a person, which may concern clothing, carried objects, or the unclothed body

The scope of protection ranges from domicile rights over private apartments and business premises to professionally used rooms such as law firms, medical practices, or surgeries. Private vehicles, bags, and locked containers are also subject to this protection.

Requirements for a Search of Locations and Objects

Investigating authorities may search locations and objects if concrete indications exist that a suspicious person is located there or evidence, traces, or other objects of significance for the proceedings can be found.

Requirements for a Search of a Person

A personal search may only be ordered under certain conditions. It is permissible if

the person concerned has been arrested or caught directly in the act,
there is a concrete suspicion of a crime and, due to certain circumstances, it can be assumed that objects are located on their body or in their clothing that are to be confiscated or evaluated, or
it is to be assumed that the person has physical changes or injuries as a result of a criminal act, the determination of which is of significance for the proceedings

Restrictions

A mere presentation for immediate interrogation does not entitle to a search. The prerequisite is always a concrete, fact-based suspicion. In addition, both the sought objects or traces and their significance for the investigations must be presented in a comprehensible manner.

Peter Harlander
Harlander & Partner Rechtsanwälte „Wenn Ermittlungsbehörden mit Zwangsmaßnahmen eingreifen, entscheidet rechtliche Präzision über den Schutz der Grundrechte, wir setzen genau dort an.“

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Order and Authorization

Searches of apartments, protected rooms, and the unclothed body may only be carried out with judicial authorization and on order of the public prosecutor’s office.

In case of imminent danger, the criminal police may take the measure themselves, but must subsequently and immediately obtain a judicial decision.
If this is not granted, the authorities must immediately destroy all results and data.

Certain less intrusive measures, such as the search of clothing or vehicles, may be carried out independently by the investigating authorities.

Execution of the Search

Before each search, the person concerned must be asked to allow the measure voluntarily or to hand over the sought item themselves.

During the execution, the following applies:

The persons concerned have the right to be present and can involve a person of trust
Absent apartment owners are represented by co-residents or uninvolved witnesses
In searches of professional premises (e.g., law firms, medical practices), a representative of the respective interest group must be involved

The measure must be carried out gently, and unnecessary harassment and interference with personal rights must also be avoided.

The search of the unclothed body may only be carried out by a person of the same gender or a doctor.

Documentation and Follow-Up Control

A report must be submitted to the public prosecutor’s office immediately about every search. The court subsequently reviews the admissibility and legality of the measure.
If data or objects are secured without a legal basis, they must be destroyed or returned.

In the case of chance finds, evidence for other criminal offenses may also be secured, provided they are relevant to another procedure.

The persons concerned receive within 24 hours a written confirmation about the search and its result.

Legal Protection

Against judicial authorizations: Appeal to the Higher Regional Court
Against orders of the public prosecutor’s office: Objection due to violation of rights
Against measures of the criminal police: Action for complaint against administrative measures at the Administrative Court

Your Benefits with Legal Assistance

A search of apartments, business premises, or persons often represents a massive intrusion into their privacy and, under certain circumstances, also into their economic existence for those affected. Frequently, uncertainties exist as to whether the measure was lawfully ordered, whether the seizure of objects is permissible, or whether the authorities have exceeded their powers. Errors in the order or execution can have serious consequences, from the inadmissibility of evidence to reputational damage.

A specialized law firm ensures that searches are legally reviewed, inadmissible measures are averted, and the rights of those affected are comprehensively protected. Professional legal support creates security in a phase in which rapid and precise action is decisive.

Sebastian Riedlmair
Harlander & Partner Attorneys „Eine Durchsuchung ist für Betroffene oft ein Schockmoment, wir sorgen dafür, dass in dieser Ausnahmesituation Recht und Verhältnismäßigkeit gewahrt bleiben.“

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Frequently Asked Questions – FAQ

What is a search in criminal proceedings?

The search of locations, objects, and persons is a coercive measure to find evidence, arrest suspects, or secure traces. It deeply interferes with privacy and is therefore only permissible under strict legal requirements and mostly with judicial authorization.

Which legal bases apply to searches?

Sections 119 to 122 StPO regulate the requirements, procedures, and limits of searches. A distinction is made between the search of locations and objects (e.g., rooms, vehicles, containers) and the search of persons (clothing, carried objects, or body).

When may a search be ordered?

A search is only permissible if concrete facts justify the suspicion that a suspicious person is staying at a certain location or that evidence and traces can be found. In the case of persons, there must be a suspicion that they are carrying evidence or traces.

Who may order and authorize a search?

In principle, the public prosecutor’s office orders the search after the court has authorized it. Only in case of imminent danger may the criminal police act themselves, but must subsequently obtain a judicial decision. If the authorization is not granted, all results must be destroyed.

How does a search proceed?

Before each search, the person concerned must be asked to voluntarily allow the measure or hand over the sought item. The persons concerned may be present and involve a person of trust. The measure must be carried out gently to avoid harassment and interference with personal rights.

Which special protection rights apply to searches?

The search of the unclothed body may only be carried out by a person of the same gender or a doctor. In the case of professionally used rooms, such as law firms or surgeries, a representative of the responsible interest group must be involved. Victims may never be searched against their will.

How is a search documented and controlled?

A report must be submitted to the public prosecutor’s office immediately about every search. The court then checks the legality of the measure. Those affected receive written confirmation of the search and its result within 24 hours at the latest.

What happens in the case of chance finds?

If evidence for another criminal offense is found during a lawful search, it may also be secured. A separate protocol must be kept about such chance finds, and the public prosecutor’s office must be informed immediately.

Which legal remedies are available to those affected?

Those affected can lodge a complaint with the Higher Regional Court against a judicial authorization. An objection due to violation of rights is open against orders of the public prosecutor’s office. Independent measures of the criminal police can be challenged by an action for complaint against administrative measures at the Administrative Court.