Week 2

Question 1

access to relevant premises Germany

Answer 1

• open space = no warrant needed

- building = search warrant required (not in urgent cases)

Question 2

access to relevant premises UK

Answer 2

• without warrant = indictable offence, consent required of occupier, must be authorized by inspector of police
• with warrant = if police not invited by victim

Question 3

seizure Germany

Answer 3

• tangible objects = judicial order, few exceptions

- belonging to professionals = seized only if professional is suspected of complicity

Question 4

search UK

Answer 4

• PACE s. 8
• searches must be conducted with consideration for property and privacy of occupier
• judicial review searches available

Question 5

search Germany

Answer 5

• any suspect of crime
• judicial order needed, only not in case of danger
• judicial search orders must specify purpose + objects + persons/premises
• proportionality principle applied

Question 6

body searches UK

Answer 6

• reasonable suspicion
• officers must identify themselves
• search unlawful = assault
• judicial review available

Question 7

online search of computers Germany

Answer 7

• computer data can be seized
• interception of telecommunication limited to certain offences
• only data en route

Question 8

online search of computers UK

Answer 8

same conditions as other material

Question 9

interference right to privacy lawful

Answer 9

1. interference with Art. 8 ECHR?
2. lawful? (legal basis + guarantees against abuse + measure executed lawfully)
3. legitimate aim?
4. necessary for democratic society? (subsidiarity + proportionality)

Question 10

interception telecommunications Germany

Answer 10

1. criteria/grounds par. 100a GCCP
2. against whom? par. 100a(3) GCCP
3. judicial authorization par. 100e(1) GCCP
4. duration par. 100e(1) GCCP
5. other requirements Kruslin

Question 11

searches of premises Germany

Answer 11

1. direct suspect par. 102 GCCP
   - suspect of criminal offence
   - purpose
   - allowed to search dwelling/other premises + belongings
   - judicial authorization par. 105 GCCP
2. 3rd people par. 103 GCCP
   - only allowed if suspect is located in premise
   - apprehend accused
   - follow up on traces of criminal offence
   - confiscate certain objects