🚪 Can the police enter my flat?

With conditions

Quick answer

Only on a written, reasoned judicial order — and you have the right to see it. A house search is permissible only in connection with criminal proceedings and only on a written and reasoned order. Under § 100 of the Criminal Procedure Code it is issued by the presiding judge, and before criminal prosecution begins or during preparatory proceedings, by the judge for preparatory proceedings on the prosecutor's application. The order must state a description of the item or person to be secured by the search, where known. The authority has a duty to inform the person directly affected and to enable them to participate. A search normally follows only an unsuccessful request to hand the item over voluntarily.

📋 The rules

Only in connection with criminal proceedings
Only on a written, reasoned order
Issued by a judge — § 100 of the Code
The order must describe the item or person sought
You may be informed and present

🔓 Exceptions

Before prosecution begins, only where there is danger in delay
A search is normally preceded by a request to hand the item over voluntarily
An uninvolved third person is present at the search

⚠️ Penalties & fines

The first thing to do is ask for the order — and read it. A search is lawful only on a written and reasoned order of a judge, which must describe what is being sought. That is not a formality: the order defines the scope of what may be searched. You have the right to be there — the authority must inform the person directly affected and enable them to participate. An uninvolved third person is also present as a witness. Before the search you will normally be asked to hand the item over voluntarily; if you do, the search may not proceed. Before criminal prosecution has begun, a search may be carried out only where there is danger in delay — that is, a risk that evidence will be destroyed.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

Do the police need an order?

Yes. A house search is permissible only in connection with criminal proceedings and only on a written, reasoned order of a judge. Without one it is not a lawful house search.

Who issues the order?

The presiding judge, and before prosecution begins or during preparatory proceedings, the judge for preparatory proceedings on the prosecutor's application. This follows from § 100 of the Criminal Procedure Code.

What must the order contain?

It must be in writing, reasoned, and must state a description of the item or person to be secured by the search, where known. The order also defines the scope of what may be searched.

Can I be present at the search?

Yes. The law enforcement authority must inform the person directly affected and enable them to take part. An uninvolved third person is also present as a witness to how it is conducted.

Can a search happen before prosecution begins?

It can, but only where there is danger in delay — that is, a risk that evidence will be destroyed and the search cannot wait. Otherwise a decision to initiate prosecution must come first.

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