Overview
- The court ruled that entering a private room in shared asylum housing to seize someone counts as a search when the person’s presence is uncertain, triggering the Basic Law’s judge’s-order requirement.
- Because no judicial order existed during the 2019 Berlin operation, the man’s right to the inviolability of the home was violated, the justices found.
- The judgment sets aside the Oberverwaltungsgericht Berlin-Brandenburg’s ruling and remands the case for a new decision.
- In planned deportations from collective accommodations, authorities must usually obtain a search warrant and may proceed without one only under narrowly defined Gefahr im Verzug.
- Advocacy groups GFF and Pro Asyl hailed strengthened protections, while the police union warned the added judicial step could slow removals.