ad-busting does not justify a home search

A woman was observed by the Berlin police opening an advertising display case in order to remove a Bundeswehr (army) poster and replace it with a visually very similar but falsified poster that was critical of the Bundeswehr.

The competent district court issued the requested search warrant for the young woman's private home, and the regional court confirmed the decision.

The young woman lodged a constitutional complaint.

The Federal Constitutional Court ruled that the constitutional complaint was "obviously well-founded". The decisions of the district court and the regional court violated the woman's fundamental right to inviolability of the home under Article 13 (1) of the Basic Law. The search of the home was not proportionate.

The search order was unreasonable. The severity of the intrusion was disproportionate to the purpose pursued. The Federal Constitutional Court emphasizes the great importance of the inviolability of the home.

Decision of 05.10.2023 - 2 BvR 1749/20