Apartment search on suspicion
September 30, 2009 | 20,00 EUR | answered by Andreas Scholz
Dear Sir or Madam,
Yesterday night, my son's apartment was searched and all PCs were seized. He is suspected of offering and downloading child pornography on a specific day through a file-sharing platform. His internet IP address was found during the police investigations.
My son can prove that he was not at home on that particular day.
What should be our next steps? Is it wise to hire a lawyer immediately?
Thank you.
Sincerely.
Dear questioner,
Searches have been carried out on your son according to § 102 StGB, and the seizure was made according to § 94 StPO. Both investigative measures can be carried out by the investigating authority without a judicial order in case of imminent danger, §§ 105, 98 StPO.
However, you can lodge a protest against both investigative measures and have the legality of the measures reviewed judicially again, § 98 (2) sentence 2 in the case of seizure, in the case of the completed search, case law allows the same legal remedy in analogous application of the same provision. In the case of your son, the competent authority would be the district court where the measures took place. If the deciding judge were to believe that the measures were carried out unlawfully, this would result in the inadmissibility of the obtained evidence.
Since the subject matter is complex, it is advisable for you to seek legal assistance so that your son can get an overview of the possible offenses to be charged against him in court, and the proceedings can be influenced in favor of your son as far as possible.
I hope this information is helpful to you. Feel free to ask if you have any questions.
Yours sincerely,
Andreas Scholz, Attorney
