House search warrant: asserting your core rights calmly

When the doorbell rings and the police announce a house search, it is a shock. The first few minutes now determine the further course of the proceedings.

A search is a massive intrusion into your privacy. As a house raid defense lawyer, we protect your rights from the first moment. Investigators often deliberately exploit the element of surprise. Remain calm, do not become aggressive, but do not cooperate regarding the accusations.

The 3 Golden Rules in an Emergency

• Do not make a statement: Do not speak to the officers about the allegations. No small talk. A simple "I am exercising my right to remain silent and wish to speak to my lawyer" is sufficient.
• Do not sign anything: Do not sign any seizure protocols or other forms on site.
• Call a lawyer: Call us immediately. We can often de-escalate the situation with the officers over the phone and monitor the measures.

Do I have the right to see the warrant?

Yes. Ask to be handed the judicial search warrant. Check: Is the address correct? What exactly are they allowed to search for? In cases of "imminent danger" (exigent circumstances without a warrant), ask for the reason and the ordering officer's name, and note this down.

Accidental Finds & Phone Data

Officially, the police are looking for evidence of a specific crime. However, if the officers accidentally find other things, such as narcotics during a search for fraud evidence, you face further proceedings for drug possession.

Smartphones and computers are particularly critical. Never reveal your PIN, password, or unlock pattern. You are not obliged to do so! We will take care of the return of your hardware as quickly as possible afterwards.

Search Without a Warrant – Is That Allowed?

Normally, the police need a judicial warrant for a house search. Only in cases of "imminent danger" (Gefahr im Verzug) may the public prosecutor's office, or even an individual investigating officer, order a search without a warrant. In practice, "imminent danger" is frequently assumed in a blanket and unlawful manner — simply to avoid involving a judge. We carefully examine the lawfulness of such an order and file a complaint if the prerequisites were not met. Unlawfully obtained evidence may be subject to an exclusionary rule.

What May the Police Take?

Investigating officers may only seize items that qualify as evidence or as objects subject to confiscation. Everyday objects that have no connection to the alleged offense must be left behind. Always demand a complete written list of all seized items (seizure record) and only sign it if it is complete and correct. We then immediately apply for the return of items not relevant to the evidence.

What Comes After the Search?

A house search is often the opening act of a longer investigation. It is now decisive to build the defense in a structured manner. If the search was unlawful, we immediately file a complaint against the search warrant. Even if the search was formally lawful, evidence obtained in this way may in some circumstances be subject to an exclusionary rule. We carefully examine each individual case and use every legal lever in your favor.

As of June 2026