Can I take action against an unlawful search of my home?
August 2, 2023 | 40,00 EUR | answered by Lina Strauss
Dear Criminal Defense Attorney,
I am reaching out to you with a question regarding a recent search that took place at my home. My name is Erwin Schlattmann and I am concerned about the legality of this search.
The search occurred on March 15, 2021 at 6:00 am. The police arrived with a search warrant that had some discrepancies. Firstly, the warrant was not correctly dated and contained incorrect information about the reason for the search. Additionally, the search was conducted without sufficient justification and without prior notice.
I am concerned that my rights may have been violated and I am wondering if I can take legal action against this unlawful search. Are there ways to challenge the legality of the search and possibly seek compensation for damages?
I would greatly appreciate your assessment of my situation and any possible avenues to address this unlawful search.
Thank you in advance for your assistance.
Sincerely,
Erwin Schlattmann
Dear Mr. Schlattmann,
Thank you for your inquiry regarding the house search that recently took place at your residence. It is understandable that you are concerned about the legality of this search, especially due to the inconsistencies in the search warrant.
In Germany, house searches can only be conducted under certain conditions and with a judicial search warrant. The search warrant must be correctly dated and must specify the exact reason for the search. Additionally, searches are typically conducted during daytime, unless there are special reasons that justify a search in the early morning hours.
In your case, the search warrant does indeed seem to have some deficiencies, such as incorrect dating and insufficient reasoning. These inconsistencies could lead to the search being deemed unlawful. You do indeed have the right to take legal action against such an unlawful house search.
To challenge the legality of the search and potentially claim damages, I recommend that you promptly seek the assistance of an experienced criminal defense lawyer. A lawyer can analyze your situation, review the search warrant, and help you take the necessary steps to challenge the search.
Possible legal steps could include filing a complaint against the search with the relevant prosecutor's office or, if necessary, filing a lawsuit in court. A lawyer can also inform you whether you are entitled to damages for the unlawful search.
I hope that this information is helpful to you and I am available to answer any further questions and assist you in enforcing your rights.
Sincerely,
Lina Strauss
Criminal Defense Attorney
