In January 1947, two retired Berlin policemen recognized Mielke at an official function.
Informing the head of the criminal police in West Berlin, the policemen demanded that Mielke be arrested and prosecuted for the murders of Captains Anlauf and Lenck.
Wilhelm Kühnast, the Public Prosecutor of Berlin, was immediately informed and ordered a search of the Kammergericht archives.
To his astonishment, the files of the 1931 murders had survived the wartime bombing of Germany.
Finding ample evidence of Mielke's involvement, Kühnast ordered the arrest of the communist policeman.

According to John Koehler, "At that time, the city administration, including the police, was under the control of the Allied Control Commission, which consisted of U.S., British, French, and Soviet military officers.
All actions by city officials, including the judiciary, were to be reported to the Commission.
The Soviet representative alerted the MGB.
Action was swift.
Marshal Vasily Sokolovsky, who had replaced Zhukov, protested, and his representatives at the Commission launched a vicious campaign to discredit Kühnast."

The Soviet representatives falsely claimed that Kühnast, a jurist with an impeccable anti-Nazi record, had been an official of Roland Freisler's People's Court.
Taking the Soviets at their word, the Western Allies removed Kühnast from his position and placed him under house arrest.
During the Berlin airlift, Kühnast fled from his home in East Berlin and was granted political asylum in the American Zone.

Meanwhile, the Soviet authorities confiscated all documents relating to the murders of Captains Anlauf and Lenck.
According to Koehler, "The Soviets handed the court records to Mielke.
Instead of destroying the incriminating papers, he locked them in his private safe, where they were found when his home was searched in 1990.
They were used against him in his trial for murder."
In January 1947, two retired Berlin policemen recognized Mielke at an official function. Informing the head of the criminal police in West Berlin, the policemen demanded that Mielke be arrested and prosecuted for the murders of Captains Anlauf and Lenck. Wilhelm Kühnast, the Public Prosecutor of Berlin, was immediately informed and ordered a search of the Kammergericht archives. To his astonishment, the files of the 1931 murders had survived the wartime bombing of Germany. Finding ample evidence of Mielke's involvement, Kühnast ordered the arrest of the communist policeman.
According to John Koehler, "At that time, the city administration, including the police, was under the control of the Allied Control Commission, which consisted of U.S., British, French, and Soviet military officers. All actions by city officials, including the judiciary, were to be reported to the Commission. The Soviet representative alerted the MGB. Action was swift. Marshal Vasily Sokolovsky, who had replaced Zhukov, protested, and his representatives at the Commission launched a vicious campaign to discredit Kühnast."
The Soviet representatives falsely claimed that Kühnast, a jurist with an impeccable anti-Nazi record, had been an official of Roland Freisler's People's Court. Taking the Soviets at their word, the Western Allies removed Kühnast from his position and placed him under house arrest. During the Berlin airlift, Kühnast fled from his home in East Berlin and was granted political asylum in the American Zone.
Meanwhile, the Soviet authorities confiscated all documents relating to the murders of Captains Anlauf and Lenck. According to Koehler, "The Soviets handed the court records to Mielke. Instead of destroying the incriminating papers, he locked them in his private safe, where they were found when his home was searched in 1990. They were used against him in his trial for murder."
Erich Mielke