Without asking permission, the police have the right to enter the house to carry out a search or an arrest. And not only the police – a search can also be carried out by the tax inspectorate, if they have suspicions of tax evasion, or bailiffs to inspect and inventory the debtor’s property. For such penetration, they all need a legal sanction, but not always. In the case of the so-called “risk of delay”, for example, in the case of the threat of destruction of evidence, it is sufficient for the police to obtain permission from the prosecutor or the investigator. The law requires a solid justification for each of these cases, but this requirement is not always met.
However, the sanction of the court does not guarantee anything either. There have been precedents in Germany where search warrants have been issued in connection with unpaid parking tickets. This, of course, is an exception, but according to the lawyers, German courts often allow a search when there is in fact no procedural necessity for it. And the former head of Germany’s Federal Constitutional Court, Rudolf Mellinghoff, at one point did not rule out that it was done with the aim of intimidating and disciplining citizens.
In non-criminal emergencies, the police, emergency services and fire brigade can also pick the lock and enter the apartment. And these situations can be very different: from obvious cries for help, the smell of burning or gas, to simple suspicions that something is wrong with the residents – for example, the mailbox is full of letters and the neighbors themselves did not see them for a long time. If the water is flowing from the apartment to the neighbors, it will probably also be open. But in all these cases, the doorbell will first be politely rung.
In addition to the police, the tax authorities and the fire brigade, other services may come to visit you. It is not uncommon for social services and employment services to inspect the apartments of people who are already claiming or receiving benefits to ensure that tenants really need financial help and are not wallowing in excessive luxury. In turn, the youth service comes to examine the conditions of the children, which usually happens after an incident with the child. But it is not necessary to let all these services into the house. Even though there is a good chance that the next time they are refused, they will return with the police and a warrant, stating suspicions of fraud in obtaining benefits or the presence of a threat on minors . So usually the Germans let you in.
Not so long ago, the representatives of the department that collected the money to pay for public television and radio also went house to house in Germany. They checked the number of televisions, radios and computers in the house, as there was a charge for each of these devices. But in 2013, the system was simplified and now they just take money from every household, regardless of the number of devices and their existence.
As for owners of rental housing, in some cases they can also enter the apartment. The owner has the right to take meter readings, inspect their property for repairs, or come with buyers and real estate agents if it is for sale. He can also demand access if he suspects breach of contract or property damage. He learns, for example, from neighbors that a dog has not been discussed before by tenants or that he smells mold in the apartment. But all these cases require prior authorization. And in principle, the tenant can refuse, even if the pipe breaks in the apartment and begins to flood the neighbors. Only now will he himself have to pay the possible financial consequences of such a refusal.
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