The Federal Administrative Court decided two cases concerning claims brought by asylum applicants in initial reception facilities (LEA) in Freiburg. They challenged the house rules regarding room checks by employees of the Freiburg Regional Council and private service providers. 

The court held that mere entry in a room of an initial reception center for refugees by the police for the purpose of transferring a foreigner who is obliged to leave the country is not a search within the meaning of Article 13(2) of the Basic Law. The court held that Section 6 of the State Administrative Enforcement Act authorizes police officers to enter the room even at night.

The court also noted that there was no search action in the sense of a targeted and purposeful search for something hidden, beyond simply entering the room, the measure did not require a prior judicial search order under Article 13(2) of the Basic Law. In addition, entering the room was also necessary to prevent an urgent threat to public safety and order under Article 13(7) of the Basic Law, because the person, who was enforceably obliged to leave the country, had to be transferred to Italy on the same day.