In Germany, which statement describes the requirement for a search order?

• A. Reasonable suspicion (Art.102)
• B. Assumption it would lead to discovery (Art.102)
• C. The order must be issued by the judge (Art.105(1)), unless imminent danger
• D. Officer of municipality must be present

Answer: (C)

The main idea being tested is that searches in Germany are subject to judicial oversight. A search of someone’s premises generally requires a search order issued by a judge, which protects privacy and ensures the action is justified. The only exception is in urgent situations where delaying the search would create imminent danger or the risk of losing evidence; in those cases, the police may act without a prior judge’s order, but they must obtain the order as soon as possible afterward.

This makes the statement about a judge issuing the order, unless there is imminent danger, the best fit because it accurately reflects the standard rule and the single, specific exception. The other ideas aren’t correct because a search cannot be authorized by reasonable suspicion alone, there isn’t a general requirement that a municipal officer be present, and simply assuming discovery would occur does not substitute for the proper judicial authorization.