How can I defend myself against a house search?
July 2, 2023 | 55,00 EUR | answered by Ludwig Kuhn
Dear lawyer,
My name is Tatiana Götzinger and I have an urgent question regarding a recent house search that was conducted at my place. A few days ago, police officers suddenly appeared at my door and carried out a search of my apartment. They seized various items and documents as evidence.
I was completely surprised and feel violated in my privacy. I wonder if this search was even lawful and how I can defend myself against it. I am innocent and do not want my reputation to be damaged by this measure.
What legal steps can I take to challenge the house search? Are there ways to retrieve the seized items and documents? How can I ensure that my right to privacy and presumption of innocence is respected?
I am very concerned about this situation and hope for your professional support and advice. Thank you in advance for your help.
Sincerely,
Tatiana Götzinger
Dear Mrs. Götzinger,
Thank you for your inquiry regarding the recent search of your home. It is understandable that you feel violated in your privacy and are concerned about your reputation. In such cases, it is important that you seek the advice of an experienced attorney in order to protect and defend your rights appropriately.
First and foremost, a search of a home must be legally regulated and based on a judicial order. The police cannot enter your home and seize items arbitrarily. It is important to determine whether the search was lawful and whether all legal requirements were met. This includes the necessity of having a concrete suspicion that justifies the search.
If you have doubts about the legality of the search, you should consult with an attorney immediately. An experienced criminal defense attorney can request access to the case files and review whether the police complied with all legal requirements. If it is found that the search was unlawful, legal action can be taken to reverse the seizure of items and potentially seek compensation.
To retrieve your seized items and documents, you must contact the relevant prosecutor's office. Typically, it will be decided after the investigation whether the seized items can be returned. Your attorney can assist you in this process and potentially obtain a return of the items.
It is also important that you uphold your right to privacy and presumption of innocence. Discuss with your attorney possible steps to protect your reputation and minimize any negative effects of the search. Your attorney can also inform you on how to best conduct yourself to uphold your rights.
I strongly recommend that you seek the assistance of an experienced criminal defense attorney as soon as possible to effectively represent your interests and defend you appropriately. Do not hesitate to seek professional support in order to protect your rights and find the best possible solution for your situation.
Best regards,
Ludwig Kuhn
Criminal Defense Attorney
