When a search warrant arrives

A search in Germany is almost never the first action in an investigation, but rather a consequence of the prosecutor already having grounds to believe that evidence is located in a specific premises or on a device. There are several reasons why the doors of an office or apartment may suddenly be opened by Kriminalpolizei, and the business owner is not always the suspect.

Most often, a search is part of criminal proceedings against the company itself—based on suspicion of tax violations, fraud, or improper employee registration. The second scenario is when a business partner is under investigation, and authorities are looking for documents or equipment related to joint operations, even though you yourself have done nothing illegal. The third is a tax matter that has escalated from a routine Betriebsprüfung into criminal proceedings. The fourth is an employee complaint that triggers a labor law compliance check. And the fifth, quite common and often underestimated scenario, is when a company or individual appears in the case only as a witness: a partner's equipment is seized, and your address falls within the investigator's circle of interest simply because relevant data might have been stored there.

In none of these scenarios does the status of "not a suspect" protect you from a search: the law permits authorities to look for evidence wherever it is likely to be found, regardless of who is formally named in the case.

Who has the authority to conduct searches and seizures

In Germany, searches and equipment seizures are conducted by several agencies depending on the nature of the case. The primary criminal prosecution authority is the Staatsanwaltschaft, the prosecutor's office, which directs the investigation and is formally responsible for the legality of actions. On the ground, searches are most often carried out by Kriminalpolizei, criminal police, whose officers present identification and authorization documents for entry.

In tax matters, a separate agency operates—Steuerfahndung, tax investigation, with its own authority for searches and seizure of data storage devices, often in parallel with regular police. In cases involving customs or illegal employment of foreigners, searches may be conducted by Zollfahndung, customs investigation.

This matters not for formality's sake: each agency operates within its investigative scope, and a seizure conducted by Steuerfahndung may not have the same legal basis as a seizure in general criminal proceedings. It is precisely these boundaries that lawyers examine when preparing objections.

Lawyer's tip. The first thing to do at the threshold is to ask for identification documents and write down the names and agency of those conducting the search. This does not delay the procedure, but gives your attorney a point of reference for later verifying the legality of the actions.

Search warrant: what it must contain

Generally, a search in Germany is possible only on the basis of a written warrant—Durchsuchungsbeschluss, issued by an Ermittlungsrichter, an investigating judge. The warrant must contain a specific description of the case, the address or object to be searched, and, to the extent possible, a list of items or data being sought. A warrant worded too broadly—"all company documents" without reference to a specific episode—is one of the most common grounds for later challenge.

There is a narrow exception to this rule—Gefahr im Verzug, danger in delay. It permits a search without a prior court warrant if there is genuine risk that evidence will be destroyed while awaiting the judge's decision. Law enforcement agencies apply this exception readily, and in recent years courts have increasingly found such justification insufficient retroactively—so the legality of a particular search should be examined separately.

At the threshold, ask to see the warrant itself and read what case it concerns, who signed it, and what address is listed—a search outside the scope of the address or investigation described is grounds for later objections. After the search is completed, a Durchsuchungsprotokoll, search protocol, is drawn up documenting the course of action, persons present, and items seized; you should read it carefully before signing.

How to behave during a search

How you behave in the first minutes of a search often affects the course of the case more than any documents could. Several rules worth knowing in advance.

Lawyer's tip. The best strategy during a search is neither active resistance nor silent panic, but calm observation with documentation: who is present, what exactly is being seized, which premises are examined. These details later become the foundation for challenging the search or seizure.

This affects more than just businesses

The chief mistake is thinking that searches apply only to company offices. In reality, a warrant often extends to the private apartment of a director or co-owner if there are grounds to believe relevant documents or devices may be stored there. A home search is psychologically harder: it happens in the presence of family, usually early morning, and involves personal belongings with no connection to business—a personal phone, a child's laptop, a family photo archive.

The warrant may also extend to your vehicle if there is suspicion that it was used to transport documents or data storage devices. An increasingly common scenario is searches at borders: a person crossing the German or Schengen border may have their phone seized for inspection if customs links them to a case, even if they have never formally been notified of suspect status.

A family member's device—a spouse's, adult child's, or business partner's phone—may also fall within the warrant if it potentially contains relevant data. And the most common underestimated scenario: a person is involved in the case only as a witness, not a suspect, yet this does not protect them from search—the warrant is issued precisely because someone believes they possess the needed evidence.

The difference between searching an office and searching a home is more than atmospheric. Private residences enjoy additional constitutional protections for privacy, and investigators are more cautious about the scope of seizing personal items. You can benefit from this protection only when someone knowledgeable about your rights is present at the scene.

Phones, laptops, servers and cloud: protecting yourself in advance

The biggest practical problem during equipment seizure is not the search itself, but the fact that devices typically mix work and personal data, trade secrets and unrelated correspondence. Proper preparation is not an attempt to impede the investigation at the moment of search, but rather advance organization of data so that confidential and irrelevant information does not end up in the mass seizure while the legal process determines what should actually be reviewed.

Full disk and device encryption is standard corporate practice, not something unusual: it protects data from any unauthorized access, including device theft, and does not obstruct legitimate legal procedures, which still proceed through established judicial mechanisms. Two-factor authentication on email, cloud services, and work systems closes the simplest path to unauthorized access—guessing or leaking a single password.

Separating work and personal data—a separate user account or at least a separate profile for work—means personal correspondence or family photos do not physically end up on the same storage device as business documentation. Minimizing what is stored on devices at all is likewise standard practice for mature IT hygiene regardless of inspection risk.

Managed backups stored separately from office equipment allow a business to continue operations even if primary devices are temporarily seized: access to accounting should not depend on a single director's laptop. Protection against spyware and surveillance software protects owners not only from investigative action but from a far more common threat—unscrupulous competitors or personal conflicts. Reducing the public digital footprint of business owners likewise lowers overall risk.

Important to understand clearly: all of the above is organization of data before an investigation begins, not actions taken on the eve of a specific search. Deleting or hiding data after learning of a possible search is already obstruction of justice with separate criminal liability, often more serious than the original case. Properly organized data remains fully accessible to legitimate legal procedures—they simply determine what actually pertains to the case.

What happens to seized equipment

Seizure is not the same as search: search is investigation, seizure is actual retention of found items, and it can be challenged separately, even if the search itself was lawful. Formally, seizure occurs as Beschlagnahme, forcible seizure by warrant, or as voluntary Herausgabe, surrender of items without formal compulsion; the consequences differ, and agreeing to voluntary surrender should only be done after consulting with an attorney.

Each seized item must be entered into a description in the protocol with details of the device and where it was found. This record lets you later track what was taken and demand its return. For seized work data needed for company operations, you can demand copies—especially for accounting systems and servers.

The period for which seized equipment may be retained is not fixed by law—it depends on the scope of data analysis; in practice, this may be weeks or months. You can file a Widerspruch gegen die Beschlagnahme, an objection to seizure, after which the court reviews the matter and issues a richterliche Entscheidung—a ruling that either upholds the seizure or orders return of the property.

Access to case materials, including a description of exactly what was seized and on what grounds, occurs through Akteneinsicht, access to files, which by law is conducted through a Rechtsanwalt, an attorney, not directly by the party. This is another reason why legal support is needed from the first hours after a search.

Lawyer's tip. Do not agree to "voluntary surrender" of equipment without an attorney simply because it sounds like a way to speed up the procedure: it often means waiving some of the procedural safeguards that apply in forcible seizure, and makes return of devices more difficult.

How our firm prepares clients for searches and supports them afterwards

A search can rarely be prevented, but it can almost always be navigated with minimal losses—this is the difference between a company that prepared in advance and a company hearing the word Durchsuchungsbeschluss for the first time as it lies on the table.

We begin with a readiness audit: checking what data is stored on office and personal management devices, how well work and private accounts are separated, whether managed backups exist. We separately verify whether documentation is structured so that copies can be provided quickly without blanket seizure of originals if needed.

For teams where the risk of inspection is real—especially after a Betriebsprüfung has begun or in sectors with heightened customs and tax attention—we conduct internal briefings for staff: who is authorized to speak with law enforcement, who to call, which phrases and actions are strictly forbidden. The first minutes of a search, when employees are disoriented and trying to "help" with explanations, most often create problems that could have been avoided.

When a search is already underway, our firm's attorney can be present in person or available by phone—ensuring that law enforcement does not exceed the warrant's scope, adding any objections to the protocol, and if necessary, asserting the right to refuse testimony or invoking professional confidentiality for client documents.

After the search ends, the real work begins: we submit a request for Akteneinsicht to understand the investigation's basis; we assess grounds for a Widerspruch gegen die Beschlagnahme; we demand copies of work data; and if the matter escalates to a legal proceeding related to tax audits of businesses in Germany, we support the client further, including through negotiations with prosecutors. In cases where the matter becomes a full court or criminal proceeding in Germany, we work as a team of lawyer and advocate: the client communicates with our in-house counsel in their native language, counsel translates the situation into legal language for the German advocate and ensures the case moves forward rather than stalling due to language barriers.

This applies not only to company directors, but to private individuals—apartment owners, drivers, family members whose personal devices caught the investigation's attention because of someone else. For clients with business or real estate in Germany, we structure support through pages on business in Germany and residence and legalization in Germany, and a general overview of our firm's services in the country appears on the Germany page. If time is of the essence, the fastest way to get help is to submit a request through the consultation form.

Frequently asked questions

Can I refuse entry to police without an attorney?

No, if a valid warrant is presented or the Gefahr im Verzug exception applies—obstructing a lawful search can itself become a separate offense. But you can and should immediately call your attorney and exercise your right to remain silent until they arrive.

What if a search starts and my attorney hasn't arrived yet?

Notify them that you wish to exercise your right to representation and your right to remain silent, ask that this be recorded in the protocol, and then observe and document the proceedings without commenting on them substantively.

Can they seize my personal phone if it's unrelated to the business?

Yes, if the warrant or circumstances give grounds to believe relevant data is on the device—even a director's or family member's phone can be seized if it is covered by the warrant or seized under the Gefahr im Verzug exception.

How long can seized equipment be held?

There is no fixed period—it depends on the data volume and examination workload; in practice, this may be weeks or months. Filing a Widerspruch gegen die Beschlagnahme and having your attorney work on obtaining copies of work data are the main tools to shorten this period.

Can I challenge a search after it has already happened?

Yes. Even after the fact, you can demand verification of the warrant's legality and the scope of its execution, and if the court finds the search or seizure unlawful, this affects the later use of evidence obtained in the case.

Матеріал має інформаційний характер і не замінює юридичну консультацію.