Section 103. Search of a foreign national’s person, dwelling, etc.

A foreign national’s person, dwelling, room or other storage location may be searched if there are specific grounds for suspecting that the foreign national

a.
is not cooperating on clarifying his or her identity in accordance with section 21 or section 83 of the Act, giving a false identity or concealing or withholding information of material significance in a case concerning a residence permit,
b.
has money or other assets that can be used to cover expenses in connection with exit which the foreign national is obliged to cover, and there are specific grounds for suspecting that the foreign national will not cover the expenses voluntarily, or
c.
has travel documents, tickets or other items which may ensure implementation of the administrative decision, and there are specific grounds for suspecting that the foreign national will evade implementation; see section 106 a.

No search may be made of the foreign national’s dwelling under the first paragraph, (b) and (c), unless the foreign national is unlawfully residing in the realm as prohibited by the penal provision in section 108 or the matter involves a search under (c) and the foreign national has failed to comply with an order to present travel documents under section 21 or section 83.

Without the written consent of the foreign national concerned, searches as mentioned in the first paragraph may only be conducted under a court decision. If delay is associated with any risk, the decision may be made by the chief of police or a person authorised by the chief of police. Wherever possible, the decisions shall be in writing and shall specify the subject matter of the case, the purpose of the search and the scope of the search. A verbal decision shall be recorded in writing as soon as possible. Before the search is conducted, the decision shall if possible be read out or presented to the foreign national. If no written decision exists, the subject matter of the case and the purpose of the search shall if possible be stated verbally.

The provisions of sections 198 to 202 of the Criminal Procedure Act shall apply insofar as they are relevant.