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The Arrests & Searches Law in Freiburg im Breisgau, like the rest of Germany, considers both the arresting and searching activities as delicate procedures with strict conditions. German law respects individual rights and privacy, and these activities are only undertaken following strict legal requirements. Police can arrest or search a person or premise only when there is a strong suspicion of involvement in a crime or illegal activity.
You may need legal assistance in instances like when you are wrongfully arrested or an illegal search of your property is conducted, you might be unsure about your rights, or you believe your rights have been violated. A lawyer can guide you through the complex legal process, protect your rights, and represent you in court if needed. They can also assist in situations like confronting an arrest warrant or challenging the lawfulness of a search or seizure of property.
German law pertaining to Arrests & Searches is largely determined by the German Code of Criminal Procedure (Strafprozessordnung or StPO). This law highlights the requirement for a judicial warrant for most searches, except in cases of "flagrante delicto" or "danger in delay". The law also states that one can only be arrested with a warrant, and if arrested, they must be brought before a judge as soon as possible, no later than the day after the arrest.
It depends on the scenario. Generally, an arrest or search without a warrant is only allowed in particular circumstances, like if you're caught red-handed or in 'hot pursuit'. Otherwise, refusing is within your rights, and you should request legal representation.
After an arrest, you must be informed of the reason for your arrest and reminded of your right to remain silent and your right to legal representation.
Unless there's an immediate risk (Gefahr im Verzug), the police generally need a warrant to perform a search at your residence.
If you believe your rights were violated, you should contact a lawyer as soon as possible. They can advise you on how to proceed and whether you can take legal action.
In general, evidence obtained through illegal means (including an illegal search) cannot be used in court. However, there may be exceptions based on the particularities of the case.
You might find further guidance from the German Federal Ministry of Justice and Consumer Protection (Bundesministerium der Justiz und für Verbraucherschutz) and local non-profit agencies advocating for detainees' rights. Legal databases DaJus and dejure.org can be invaluable for educating yourself on specific laws and rulings.
If you require legal assistance with an arrest and search, contacting a local lawyer specializing in criminal law should be your first step. They will be able to guide you based on the specific circumstances of your case. Ensure all communication with authorities is done in their presence. Also, remember not to sign any papers or make a statement without your lawyer present.
