The case concerns the legality of a search warrant issued against a third party (the appellant) who had registered a pro-Palestinian "solidarity action" in Munich on October 9, 2023. The search was ordered to identify an unknown individual who, via the Instagram account of a local organization linked to the appellant, had posted comments allegedly approving the atrocities committed by Hamas against Israel on October 7, 2023. The Local Court (Amtsgericht) Munich issued a search warrant for the appellant's home and electronic devices, suspecting that these statements constituted the approval of criminal acts (§ 140 No. 2 StGB) and that evidence to identify the unknown poster could be found on the appellant's devices due to his functional relationship with the organization. The appellant filed a complaint, arguing a lack of initial suspicion and a violation of freedom of expression. The Regional Court dismissed the appeal, confirming the search warrant's lawfulness.

"GG Art. 5, Art. 13 StPO § 102, § 103; StGB § 140 Nr. 2 "