Article 3.37 Entry and Search of Residences

(a) (1) City Security may enter a residence against the will of the occupant only if it is necessary to protect an individual or the community from urgent dangers to security or order.

(b) (2) City Security may search a residence only where:

1. Facts justify the assumption that a person is in the residence who

a) may be detained,

b) is being unlawfully held; or

c) is endangered in life or limb due to helplessness; or

2. Facts justify the assumption that an object is in the residence that may be secured or seized.

(c) (3) If a person has been abducted and facts justify the assumption that they are being held in a building or group of buildings, City Security may search residences in that building or group of buildings if the searches are the only means to avert a danger to life or health of the abducted person or a third party.

(d) (4) Except in cases of imminent danger, a search may only be ordered by the competent court. The court’s decision may be subject to immediate appeal; the appeal does not have suspensive effect. A court decision ordering a search does not require notification to the affected person to be effective.

(e) (5) Work, business, or commercial premises may be entered during working, business, or operating hours to fulfill an City Security task.

(f) (6) The occupant has the right to be present during the search. If they are absent, a representative or witness should be involved if possible.

(g) (7) The occupant or their representative shall be informed immediately of the reason for the search and the available legal remedies.