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Help me understand as I am not living in Germany: Authorities can search and seize property of any civilian without a warrant if said civilian is just a witnes
by radisb 8y ago
Help me understand as I am not living in Germany:
Authorities can search and seize property of any civilian without a warrant if said civilian is just a witness? If yes, then who decides and how is it decided that someone is a witness?
If for example I happen to stand in front of my window and witness a crime being committed in the street, they could search my house without any consent or warrant?
- Tomte 8y agoIt is highly probable that there was a warrant. Why do you claim otherwise, have I overlooked such reporting in the article or elsewhere?
- YouAreGreat 8y agoFrom the other submitted link[1], we learn that yes, there was a warrant, but limitations were boldly ignored: > The warrant lists specific items. This was not respected. Assuming that fact, was it legal? [1] https://blog.torservers.net/20180704/coordinated-raids-of-zwiebelfreunde-at-various-locations-in-germany.html https://blog.torservers.net/20180704/coordinated-raids-of-zw...
- Tomte 8y agoProbably not in its entirety. But that discussion is pretty useless, since our version of the exclusionary rule is more toothless than an American could possibly imagine. Basically, everything found can be used in court.
- lexapro 8y agoThey need a warrant (unless there is imminent danger).
- jarfil 8y agoLike the imminent danger of a 3D model of a nuclear bomb exploding. Got it.
- Sean1708 8y agoThese two other articles might provide you with more information: * https://www.ccc.de/en/updates/2018/hausdurchsuchungen-bei-vereinsvorstanden-der-zwiebelfreunde-und-im-openlab-augsburg https://www.ccc.de/en/updates/2018/hausdurchsuchungen-bei-ve... * https://blog.torservers.net/20180704/coordinated-raids-of-zwiebelfreunde-at-various-locations-in-germany.html https://blog.torservers.net/20180704/coordinated-raids-of-zw... The long and short of it is that there was a warrant, the question is whether the warrant itself was issued on a legitimate basis.
- maze-le 8y ago>> If for example I happen to stand in front of my window and witness a crime being committed in the street, That is probably not an instance, where a search warrant would be reasonable. But if for example you denounce someone for embezzlement, and during the investigation it comes to light that you have profited from this act of embezzlement yourself, a search warrant would be given (against you) despite of you beeing a witness. >> they could search my house without any consent or warrant? They do need a warrant, handed out by a judge. The idea is, that a judge gets a request for a warrant and decides if it is reasonable or not. The problem is, that the judiciary is so overwrought, that almost any judge will decide in favor of a warrant, even if its not reasonable. I am almost certain, that this warrant would not be reasonable if a judge with time had thought about what actually happens here.
- phicoh 8y agoGiven that searching somebody's house is a serious invasion of privacy, there should a very good reason why this search is required. I.e., if somebody is a witness only very loosely connected to a case, then it is better just ask that person to provide the required testimony. So a judge who makes mistakes like this, should be kicked out. Of course, that will never happen. I'm not sure if there is even a reasonable procedure to file a complaint and get such a judge kicked out.
- namibj 8y agoThe thing he would get thrown out would likely be "Amtsmissbrauch", but that is a rare occurence.