An 18 years old person testified at the police that he had consumed cannabis with his friend at this friend‘s place. The attorney applied at the local court for a search warrant for the flat of that friend. But the local court rejected the application.
Hereupon the attorney filed a complaint at the county court of Kaiserslautern against the local court. But the county court rejected the complaint too.The county court stated that a search would be disproportionate, given that there was only possession and acquisition for occasional consumption.
A local court at Freiburg had ruled likewise. Yet, the ruling could be different, if the consumption was meant to entice teenagers to take drugs, because enticing teenagers to use drugs is sanctioned. But here, in this case the person in question was of age already.
Furthermore, it could not be proven if he had not been determined to consume cannabis in the first place. Because, logically, someone already determinded to use cannot be „enticed’ anymore.