Teacher successfully appeals against search of home in Karlsruhe
The criminal proceedings were discontinued in January 2023 in exchange for a fine. Prior to this, in November 2021, the local court had ordered a search of the apartment to find out how much the man earned. This was necessary in order to determine the daily rates for a fine, it justified its decision.
When the police officers arrived at his home, the teacher reportedly handed them his latest payslips and an income tax return. The apartment therefore did not need to be searched any further.
The teacher went to court to establish that the search was unlawful. His appeal was rejected by the Heilbronn Regional Court in July 2022. He appealed to the Federal Constitutional Court, which has now overturned the decision from Heilbronn.
It would have been more obvious than the search to question the teacher himself or the salary office about his income, Karlsruhe explained. The teacher's fundamental right to inviolability of the home was violated by the search order.
The search was disproportionate to the seriousness of the alleged offense, it continued. The Heilbronn Regional Court must now decide anew on the costs of the appeal proceedings, according to the Federal Constitutional Court.
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- The teacher's appeal against the unlawful home search, originally dismissed by the Heilbronn Regional Court, has now been successfully overturned by the Federal Constitutional Court in Karlsruhe.
- The local court in Heilbronn ordered a home search in November 2021, arguing it was necessary to determine the teacher's income for setting daily fine rates.
- During the home search in Karlsruhe, the teacher voluntarily handed over his latest payslips and income tax return, rendering the search unnecessary.
- The Federal Constitutional Court criticized the local court's decision, stating that questioning the teacher or the salary office himself would have been less invasive than ordering a home search.
- The Court ruled that the home search was disproportionate to the seriousness of the alleged offense, thereby violating the teacher's fundamental right to inviolability of the home.
- Consequently, the Heilbronn Regional Court will now have to reassess the costs of the appeal proceedings, in accordance with the Federal Constitutional Court's decision.
Source: www.stern.de
