Can I resist a house search?
November 8, 2022 | 40,00 EUR | answered by Lukas Schlüter
Dear criminal defense attorney,
My name is Verena Lippert and I am facing a very distressing situation. Last week, a search of my house was conducted by the police, during which they seized numerous items and documents. I am completely surprised and feel violated in my privacy. The officers stated that they acted on suspicion of illegal activities in my possession. However, I cannot understand why my apartment was searched and what exactly prompted them to do so.
This situation is causing me great concern and deeply unsettles me. I wonder if I can legally challenge this search and if there are ways to reverse the seizure of the items and documents. I would like to understand what rights I have in this situation and how best to protect myself.
Could you please help me and provide possible solutions on how I can defend against the search and seizure? I am grateful for any assistance and hope for your expert advice.
Sincerely,
Verena Lippert
Dear Mrs. Lippert,
I understand that the situation you are in is very stressful and unsettling. A house search is a massive intrusion into your privacy and it is important that you know your rights and can defend yourself accordingly.
First and foremost, it is important to know that a house search may only be carried out under certain conditions. The police need a judicial order based on specific suspicions. There must be sufficient suspicion of an offense in order to justify a search. This suspicion must be specified and justified in order to make the measure legal.
If you have doubts about the legality of the house search, you can involve a lawyer who can legally review the search and seizure. Your lawyer can demand access to the files and check if all legal requirements have been met. If this is not the case, legal steps can be taken to reverse the seizure.
Furthermore, as the person affected, you also have the right to be present during the search. You can observe the measure and ensure that everything is done correctly. Additionally, you have the right to inspect all seized items and documents and make a copy. It is important that you document all steps and seek legal advice if necessary.
In terms of possible solutions, it is crucial that you consult an experienced criminal defense attorney who can advise and represent you competently. Together you can plan the next steps and effectively enforce your rights.
I hope that this information helps you and supports you in your situation. Do not hesitate to seek professional help and defend your rights.
Sincerely,
Lukas Schlüter
