Can the police enter my apartment without a search warrant?
August 12, 2023 | 40,00 EUR | answered by Ludwig Kuhn
Dear criminal defense lawyer,
My name is Valentina Schmidt and I have an urgent question regarding my apartment and the powers of the police. Recently, police officers showed up unannounced at my door and demanded entry. I was unsure if they had the right to enter my apartment without a search warrant.
The situation is as follows: I live alone in my apartment and lead a normal life. There have been no reports against me or any incidents that could pique the interest of the police. When the officers rang my doorbell, I was surprised and overwhelmed. I did not let them in because I did not know if they were authorized to enter.
The current situation is that the police did not enter my apartment without my consent. However, I am worried that they could come back at any time and I do not know how to handle the situation. I want to protect my privacy and ensure that my rights are respected.
Therefore, I am asking you if the police actually have the right to enter my apartment without a search warrant. If not, how can I best handle the situation if they should show up at my door again? Are there measures I can take to protect myself and uphold my rights?
Thank you in advance for your help and support.
Sincerely,
Valentina Schmidt
Dear Mrs. Schmidt,
I understand your concern regarding the unannounced visit of the police and the question of whether they have the right to enter your apartment without a search warrant. In Germany, the Basic Law and the Code of Criminal Procedure regulate the powers of the police in relation to searches and entering apartments.
In principle, the police may only enter your apartment with a judicial search warrant, unless there is an imminent danger. This means that in urgent cases, the police may enter your apartment without a search warrant, for example if a crime is to be prevented or if there are indications of an acute danger to the life and limb of persons.
In your case, if you live alone in your apartment, lead a normal life, and have no charges against you, it is unlikely that the police may enter your apartment without concrete suspicion or imminent danger. In such cases, you should not hesitate to ask the officers for a search warrant and only move to open the door after this document has been presented.
Should the police officers show up unannounced at your door again, I recommend that you remain calm and politely ask for a search warrant. Take note of the names and ranks of the officers as well as the exact purpose of their visit. If you are unsure, politely inform the officers that you will only open the door after the presentation of a judicial order.
To protect your privacy and uphold your rights, you may also seek advice from a criminal defense attorney. They can inform you comprehensively about your rights and assist you in case of another visit by the police.
I hope that this information has been helpful to you. If you have any further questions, please do not hesitate to contact me.
Yours sincerely,
Ludwig Kuhn
Criminal Defense Attorney
