Immediate help during an ongoing house search in Germany
When German police or tax investigators are at your door, every step matters.
A house search in Germany usually comes without warning. German police, public prosecutors or tax investigators may search a private home, apartment, office or business premises and secure documents, smartphones, computers or other items. House searches are not limited to business owners or criminal tax investigations. They can arise from many different allegations, including fraud, drug offences, sexual offences, cybercrime or offences involving online statements, such as insulting politicians under Section 188 StGB. Searches also occur in white-collar and criminal tax investigations.
If German authorities are conducting the search, do not obstruct the measure, but do not discuss the allegation or volunteer explanations. Contact a German criminal defense lawyer as early as possible. We review the search warrant, advise you during the ongoing measure and take over your defense in the subsequent German investigation proceedings. The information on this page concerns searches under German criminal procedure.
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What to do during a house search in Germany.
Ask to see the search warrant and, if possible, make a copy or take a photo of it. Check who the investigation concerns, which premises are covered and what evidence may be searched for. Do not comment on the allegation. Contact a criminal defense lawyer and document which rooms are searched and which items or data are taken.
Important: Allow the search to proceed, do not resist, and do not delete or alter data. Any substantive statement should only be considered after access to the investigation file and a review of the evidence.
Ask to see the search warrant and the officers’ identification. A German search warrant should identify the allegation, the purpose of the measure and the permitted scope of the search with sufficient clarity. Note the start time, the authorities involved and any unusual events. If the search is carried out without a judicial warrant, the legal basis claimed for the authorities’ urgent powers must be reviewed.
As a person under investigation, you do not have to discuss the facts of the case during the search. Do not discuss the allegation, individual documents or files with the officers. Even seemingly harmless explanations may later become part of the investigation file. Provide only the personal details that are legally required and otherwise refer the authorities to your defense lawyer.
Contact a criminal defense lawyer as early as possible. We can advise you while the search is still in progress, assess the warrant and structure communication with the authorities. German investigators generally do not have to wait for a defense lawyer to arrive before continuing the search. Until legal advice is available, remain calm and do not make voluntary statements.
A suspect’s home and other premises may be searched under the conditions of Section 102 of the German Code of Criminal Procedure (StPO). Stricter requirements under Section 103 StPO apply to searches of premises belonging to persons who are not accused. Depending on the warrant, the permitted search area may also include business premises, garages, vehicles, containers and personal belongings. Whether a specific measure is covered by the warrant must be assessed in the individual case.
Smartphones, computers, storage devices and extensive documents are frequently taken for inspection or forensic analysis. Do not voluntarily disclose PINs, passwords or seed phrases without first obtaining legal advice. Do not delete or alter data. In crypto-related cases, we also address the specific issues surrounding digital wallets and transaction data where relevant. More information is available on our pages on IT Criminal Law & Cybercrime and Crypto.
Items may be secured or seized as evidence. Make sure, as far as possible, that the authorities document precisely what is taken or copied, and do not prematurely describe the surrender of items as voluntary. Incidental findings may also become relevant to another investigation under the conditions of Section 108 StPO. After the search, we review whether its scope and execution were lawful and what steps may be available to recover urgently needed items or data.
Where tax evasion or other tax offences are suspected, searches are often carried out by the German tax investigation authorities (Steuerfahndung). The limits of German criminal procedure also apply in these cases. It is particularly important to distinguish tax-law duties to cooperate from the right to remain silent in criminal proceedings and to handle accounting records, digital data and business documents carefully. More information is available on our page on Tax Investigation in Germany.
How we help
Legal assistance during and after a house search in Germany
During an ongoing search, the immediate priority is to protect your rights and avoid unnecessary mistakes. Afterwards, we review the search warrant, the inventories of secured or seized items and the actual execution of the measure. We request access to the investigation file, place the search in the context of the underlying German investigation proceedings and develop the further defense strategy on the basis of the evidence.
Immediate assistance
We are available by phone while a search is in progress, assess the situation and help structure communication and conduct toward the German investigating authorities.
Review the warrant and scope
We review the allegation, the warrant, the premises covered and the evidence sought, as well as whether the actual execution remained within the scope authorized by the warrant.
Review seized items
We review the inventories of secured and seized items, examine how devices and data were handled and identify which items are urgently needed for business operations or everyday life.
Prepare the defense
After obtaining access to the investigation file, we assess the allegation and decide whether a written response, defense documents, legal objections or remedies are appropriate. Only then do we decide whether a substantive statement should be made.
What may be searched and taken
Private home and rooms
Business premises and workplaces
Smartphones, computers and storage devices
Tax investigation and search of business premises
The case is not over when the search ends
This is when the actual defense begins
A search of a home or business premises is a serious intrusion into privacy and is therefore subject to statutory limits under German law. Searches of an accused person are generally governed by Section 102 StPO, while searches of other persons are governed by Section 103 StPO. As a rule, a judge orders the search; in exigent circumstances (“Gefahr im Verzug”), the public prosecutor’s office and its investigating officers may act under the conditions of Section 105 StPO. Searches at night — between 9 p.m. and 6 a.m. — are subject to the special requirements of Section 104 StPO.
The warrant should define the allegation and the purpose of the search sufficiently clearly to make the scope of the measure reviewable. Particularly where homes, business premises or large volumes of digital data are searched, it is important to examine whether the German authorities remained within that scope. The Federal Constitutional Court (Bundesverfassungsgericht) requires concrete factual grounds for suspicion and places limits on unrestricted investigative fishing expeditions. More information is available in our article “Mere Suspicions Do Not Justify a Search”.
Documents and electronic storage media may be inspected under Section 110 StPO and, where the volume requires it, taken away for further examination. A conventional search of premises must be distinguished from a covert online search under Section 100b StPO.
Why our experience matters
House searches require quick decisions and a clear view of the entire German criminal investigation.
Certified Advisers in White-Collar Criminal Law (DAA)
Specialized training and continuous professional development provide the foundation for handling extensive searches and complex white-collar criminal investigations in a structured manner.
House searches in private and business-related criminal proceedings
We defend private individuals as well as entrepreneurs and companies after a house search. The underlying investigation may concern general criminal law, sexual offences, IT Criminal Law & Cybercrime, white-collar crime or criminal tax law. The key is to review the warrant, its execution and the evidence at an early stage and tailor the defense to the specific allegation.
Experience with complex search and seizure situations
Searches often generate extensive case files: warrants, seizure inventories, digital forensic reports, account data, chat histories and business records. We structure this material and examine which evidence actually supports the allegation.
Early defense without premature statements
Restraint is crucial during the search. We do not make strategic decisions under the pressure of the ongoing measure, but after obtaining access to the investigation file and systematically reviewing the allegation, the evidence and possible procedural errors.
What our clients say
Our clients’ experiences often say more about our work than any description. Below is a selection of reviews of our firm.
Telmo Santos
Dr. Pitschel is truly an exceptional person. She is not only incredibly compassionate and committed, but also an excellent communicator. (Translated from German.)
Marcel Paulus
I chose to work with attorney Mügge after researching online, and I have to say: I am extremely satisfied. (Translated from German.)
Andrea Binder
Ms. Ilg is a highly competent, friendly and empathetic lawyer. I also had very positive experiences with Dr. Pitschel in criminal proceedings. (Translated from German.)
From our practice
Typical situations during a house search in Germany
House searches often catch private individuals and businesses entirely by surprise. The key is not to obstruct the search while avoiding unnecessary disclosures and carefully documenting what happens.
Search of a private home or apartment
Search of office or business premises
Search by German tax investigators
Seizure of phone, computer or documents
Search of relatives’ or other third parties’ premises
Seizure of extensive documents or data
Night-time search or search based on exigent circumstances
Search of business premises – establish clear responsibilities
| Area | What matters now |
|---|---|
| Reception / office staff | Inform management and the defense lawyer, receive the warrant and do not discuss the allegation. |
| Management | Designate one central contact person, document the search area and procedure and coordinate internal communication. |
| IT | Do not delete or alter data. Document access, copies and devices taken; do not voluntarily disclose passwords without legal advice. |
| Employees | Do not make spontaneous statements about the facts. Each person’s status as a suspect or witness must be assessed separately. |
| After the search | Secure the seizure inventory, warrant and your own written record; assess operational continuity and coordinate the defense strategy. |
Searches of business premises also require clear internal responsibilities. We advise management and affected individuals and, where appropriate, coordinate the matter with our Corporate Defense and White-Collar Crime practice.
House search in Germany? Request legal assistance now
Is a house search currently taking place, or has it just ended? Call us or briefly tell us which German authority is on site, who the investigation concerns and which items or data are affected. We will respond as quickly as possible.
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We assist you during the search and take over the defense afterwards.
Rely on calm, clear communication and a strategy based on the investigation file.
Frequently asked questions about house searches in Germany
House Search in Germany – Frequently Asked Questions
A house search is a coercive measure under German criminal procedure. Its purposes include locating an accused person or finding evidence. Different legal requirements apply depending on whether the search concerns an accused person or another person, in particular under Sections 102 and 103 StPO.
You should not physically obstruct the search. Ask to see the warrant and allow access within the scope it authorizes. If you have doubts about the lawfulness or scope of the measure, document them and contact a criminal defense lawyer rather than escalating the situation on site.
Yes. You may call a criminal defense lawyer and obtain advice during the search. German investigators generally do not have to interrupt the search or wait for the lawyer to arrive. Immediate telephone advice can therefore be particularly important.
As a person under investigation, you do not have to comment on the allegation. Do not make spontaneous explanations about documents, devices, accounts, individuals or particular events. Whether a substantive statement is advisable should only be decided after access to the investigation file.
Do not voluntarily disclose PINs, passwords or seed phrases without first obtaining legal advice. At the same time, do not delete, alter or deliberately make devices or data inaccessible. The legal position regarding biometric unlocking and other access measures depends on the specific circumstances.
Yes. Depending on the allegation and the warrant, smartphones, computers, storage devices and documents may be secured or seized as potential evidence and subsequently examined. As far as possible, make sure it is documented exactly which items are taken and which data are copied.
Stricter requirements under Section 103 StPO apply where the person whose premises are searched is not accused. There must be facts supporting the conclusion that the person, trace or item sought is located on the premises. Searches of relatives, business partners or other third parties therefore require separate legal review.
In criminal tax investigations, the German tax investigation authorities (Steuerfahndung) are often involved. The rules of German criminal procedure on searches and seizures continue to apply. It is particularly important not to confuse tax-law duties to cooperate with a voluntary substantive statement in criminal proceedings. We assess both aspects together.
After the search, secure the warrant, the seizure inventory and your own written record of events. We then obtain access to the investigation file, review the lawfulness of the warrant and its execution, consider possible legal remedies and address the return of items or data that are needed. The appropriate steps depend on the specific warrant and stage of the proceedings.
Do not make rushed decisions now.
As experienced German criminal defense lawyers, we can assist you while the house search is still in progress and then take over your defense in the investigation proceedings. We review the warrant, seizures and investigation file and develop the next steps without a premature substantive statement. An overview of our nationwide defense work is available on our Criminal Defense Lawyer Germany page.