Cologne: Can the police control private living spaces?

Cologne –

The incidence in Cologne is increasing, since Monday (November 2nd) the city has been in “lockdown light” and people from Cologne are only allowed to meet with one other household. But can authorities currently control private meetings in apartments?

The Cologne and SPD health expert Karl Lauterbach has already called for stronger enforcement of the Corona rules in apartments. That should be practiced in Bavaria. How far can the police in Cologne go?

The Cologne lawyer Christian Solmecke explains to EXPRESS whether and in what form such controls would be possible.

Editor: According to the current legal situation, is it possible for the Cologne police to carry out checks in private homes?

Lawyer Christian Solmecke: No, there is no legal basis for the Cologne police to monitor compliance with distance regulations or hygiene regulations in apartments. The NRW Corona Protection Ordinance expressly only applies in public spaces. If you meet a lot of people in your private sphere without keeping the minimum distance, this is not an administrative offense.

The police and regulatory authorities are therefore not allowed to enter an apartment because there is allegedly the risk of violating the Corona Protection Ordinance. Such a risk is then excluded.

Can the police enter an apartment without a court order?

In order to check compliance with the corona regulations, the police are not allowed to enter an apartment, as I said.

In principle, however, police and regulatory authorities are permitted to enter apartments if this is necessary to protect an individual or the community against urgent dangers to public safety or order.

If the apartment is to be searched for a certain thing or person, a judicial search warrant is always required. Only in the case of imminent danger do the police officers not have to wait for such a decision. This is always the case if the delay would hinder your investigations.

In what form could such controls currently take place in a legally harmless manner?

If the police and regulatory authorities learn of large celebrations or private meetings, they can initially only point out the associated danger in North Rhine-Westphalia. They are not allowed to enter an apartment.

Of course, they can justify action against the private events in other ways. If there are concrete indications that criminal offenses or administrative offenses have been committed in the private rooms, entry may be permitted. The police measures must always be proportionate.

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