Yes, I think I am with you. That search should not have happened (and consequently was ruled unlawful by a court afterwards). But it should not have happened in the first place.
I hope (but do not know) that in the Schwachkopf-case, they just took the shortcut via insult instead of opening an investigation for the Nazi stuff.
But we don’t know that.
I believe, that we can express our opinions and discuss them without insulting people (in the legal sense).
And I hope, that prosecutors do not lightly investigate each Schwachkopf they find on the internet.
And for all the other cases, the courts need to be involved.