Security Policy

Conduct During Searches by Official Departments

Version 1.0 - 21.10.2015
Document Maintainer - Howard Fuhs
Maintaining Department - xyz

If searches (home, offices etc.) have been ordered and sanctioned in the framework of investigations, it is important for the person concerned to minimise or eliminate possible damage by correct behaviour.


Basic Rules

Stay calm and act with careful consideration. Always keep handy everywhere the telephone number of your solicitor. These should therefore not be stored in a computer as often during searches, access to the computer and data is denied. Discuss beforehand with your solicitor what he recommends you should do in such a case.


Rules for an Emergency

Insist on a solicitor being present during a search.

ATTENTION! Officers are not obliged to interrupt the search in order to wait for your legal assistance.

Keep silent. Do not give any information or tips. The accused has a right to silence. Should you still give indications, these can be introduced into the main process by questioning the participating officer.

Do not resist searches or the confiscation of objects! A search is permitted using the power of the State.

As the afflicted party, you must endure a search. This does not mean you have to support or actively assist!

Ask for the judges search order to be given to you and ask to see the officer’s identity papers.

ATTENTION! Authorised agents of the police, customs, tax and state prosecutor in the Federal Republic of Germany do not need a judge’s order for a search if they believe there is a danger in any delay. In this case searches can take place without prior permission of the judge. This is now common practice if there is a suspicion can lead to finding clues!

Make a note of name, rank and department of the leading officer.

When the search is over, a search protocol or even a confiscation protocol is presented for signature. If there have been irregularities during the search or physical incidents, add your own note of protest on the original protocol.

This protest is then part of the file. Only sign the protocol if it contains all the information which is important to you.