Urgency Must Be Proven

The German Basic Law allows police to search a home without a judge’s order only in case of Gefahr im Verzug, danger in delay. In February 2001 the Federal Constitutional Court ruled that the term must be read narrowly. A judge’s order is the rule. An order by police or prosecutors is the exception. The urgency must rest on facts of the individual case. Reine Spekulationen, hypothetische Erwägungen and mere everyday police experience are not enough. The decision and its reasons must be written into the investigation file.

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