A police officer may only enter a person's residence or other premises without a court order on the basis of the provisions of the Criminal Procedure Act or Police Act.

Pursuant to the Criminal Procedure Act, a police officer may enter a person's residence or other premises and may in exceptional circumstances, conduct a search of the residence and other premises:

  • with the assent of the owner,
  • if someone calls for help,
  • if required for the arrest of a perpetrator of a criminal offence who was caught committing the offence,
  • if required to ensure the safety of persons and property or
  • if a person requiring arrest or forceful production pursuant to a decision of a competent State authority is present at the residence or other premises or if such a person hid there to avoid prosecution.

Pursuant to the Police Act, a police officer may enter the residence or premises of another person in order to prevent a suicide, if the circumstances exist which point to the death of a specific person in those premises or for the prevention of concrete danger to persons and property.

A police officer may, if no other possibilities exist, also use force to enter the residence or premises of another person (physical and mechanical force, the aid of other persons or items at hand depending on the circumstances and urgency of action in order to ensure the safety of persons and property).