A search of a home on suspicion of "adbusting" is unreasonable. The Federal Constitutional Court (BVerfGE) upheld a corresponding constitutional complaint (ref.: 2 BvR 1749/20). In "adbusting", advertising posters are redesigned in such a way that the original meaning is altered or ridiculed. The person concerned was observed exchanging a Bundeswehr poster, which led to a search warrant.
The search was carried out on the assumption that the person was suspected of theft and damage to property. The district and regional courts considered the action to be an initial suspicion of these crimes. The apartment was searched. However, the complainant felt that her fundamental right to inviolability of the home under Article 13 (1) of the Basic Law had been violated.
The Federal Constitutional Court agreed, as the severity of the interference was disproportionate to the purpose pursued. The probability of finding relevant evidence was deemed to be low. The search of the home was therefore unreasonable.
Source: bundesverfassungsgericht.de/AZ: 2 BvR 1749/20
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