Karlsruhe restrains searches
July 15, 2015
The Federal Constitutional Court agreed with three complainants on Wednesday that searches of their homes were unlawful because prosecutors had gone ahead instead of waiting for judges to decide.
Paragraph 13 or Germany's Basic Law or constitution says a person's home is inviolable. Authorities should only carry out a home search on judges' orders or within the tightly prescribed term "imminent danger," the court ruled.
In the three cases, prosecutors went ahead after phoning judges, who delayed their decisions, however, to await the delivery of documents.
One case involved suspected arson. Another centered on a murder threat.
In its ruling, the court based in Karlsruhe said searching a home was a substantial breach of the constitution which guaranteed the right to be "left in peace."
'Danger' rule quickly void
The investigators should have waited for the judges' decisions. Prosecutors could not simply decide to proceed, it said.
The "imminent danger" justification became null and void as soon as prosecutors lodged an immediate search application, the court concluded.
In a parallel case on Tuesday, the Constitutional Court began scrutinizing German law introduced in 2009 to counter terrorism.
The law allows Germany's federal investigative police bureau, the Federal Criminal Office (BKA), to conduct online searches and monitor telecommunications to foil international terrorism.
The complainants want better safeguards to protect lawyers, psychologists, doctors and journalists who have responsibilities toward clients, patients and informants.
ipj/jil (dpa, AFP)