German Police to Gain Power to Secretly Search Homes, According to Media Reports

Critics have expressed concerns about surveillance methods reminiscent of the East German secret police.

A draft reform proposal, seen by Der Spiegel and other media outlets, suggests granting the German Federal Criminal Police Office (BKA) the authority to secretly enter and search homes.

The proposal also outlines the potential for police to install spyware on suspects’ computers or smartphones, alongside conducting covert searches of their apartments. These powers would supposedly be employed only in exceptional circumstances.

The Interior Ministry has defended the initiative, arguing that the BKA plays a crucial role in preventing international terrorism threats. While a spokesperson declined to comment on the details of the proposal, which is still in its early stages, Der Spiegel reported on Wednesday that security agencies require the necessary powers to effectively combat evolving threats.

Critics have raised concerns that such far-reaching interventions could undermine the rule of law, as the inviolability of the home is a fundamental principle enshrined in Article 13 of the German Basic Law. Unless there is an “imminent threat,” the current process for searches requires a warrant from the prosecutor’s office, while police must inform the individual of specific suspicions and the purpose of the search.

The Free Democratic Party has rejected the proposal, labeling it “Stasi 2.0,” a reference to the notorious state security service of East Germany. While acknowledging the need for “adequate and powerful investigative tools,” Bundestag member Manuel Hoferlin expressed deep concern about the secrecy surrounding searches.

The German Association of Journalists (DJV) has also vehemently opposed the plans, with Federal Chairman Mika Beuster warning that journalists and whistleblowers could be affected by secret break-ins reminiscent of methods employed by “police states.”

Meanwhile, Konstantin von Notz, the vice-chair of the Greens in the Bundestag, has defended the plans, arguing that in these “serious times” the BKA requires modern investigative powers and resources.