Germany to grant police right to ‘secretly’ search homes – Der Spiegel

Critics have voiced concerns over Stasi-style surveillance methods

The German Federal Criminal Police Office (BKA) may soon be allowed to secretly enter and search homes, according to a draft reform proposal seen by Der Spiegel.

According to the draft, police would also have the power to install spyware on suspects’ computers or smartphones, in addition to conducting covert searches of their apartments. These powers would supposedly only be used in exceptional circumstances.

The Interior Ministry has defended the initiative, claiming that the BKA plays a central role in preventing international terrorism threats. A spokesperson refused to discuss details of the proposal, which is still in a very early stage, but told Der Spiegel on Wednesday that security agencies must have the necessary powers to effectively counter evolving threats.

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Critics have voiced concerns that such far-reaching interventions could undermine the rule of law, as the inviolability of the home is enshrined in Article 13 of the German constitution. The current process for searches requires a warrant from the prosecutor's office, while police must inform the person of specific suspicions and the purpose of the search.

The Free Democratic Party does not support “Stasi 2.0,” said Bundestag member Manuel Hoferlin, referring to the notorious state security service of East Germany. While he acknowledged the need for “adequate and powerful investigative tools,” he noted that the secrecy surrounding searches was very concerning.

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

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