🚔 Your rights during police checks and identity checks
In brief
The police may establish your identity. For example if a criminal offence is suspected, during traffic checks or in so-called dangerous places.
You must give your personal details correctly. You may remain silent about everything else. Germans aged 16 and over must have an ID card and show it on request, but do not have to carry it at all times (§ 1 para. 1 PAuswG).
If you feel you were treated unfairly, stay calm, ask for the officer's service number and seek advice later.
Step by step
- Stay calmResistance makes things worse. Complaints are possible later.
- Give your personal detailsName, date and place of birth, address, nationality under § 111 OWiG.
- Otherwise remain silentYou do not have to say anything about the matter itself.
- Document it afterwardsWrite down what you remember, note witnesses, then seek advice or make a complaint.
Deadlines
- False personal details can trigger a fine.
- If identity cannot otherwise be established, the police may detain you under § 163b StPO.
- The federal states regulate checks differently in their police laws.
- Racist checks are not permitted. Advice centres can help.
In depth · legal basis, figures and practice – for advisers and professionals
Criminal proceedings: § 163b StPO
§ 163b StPO allows the public prosecutor's office and the police, where a criminal offence is suspected, to take the measures necessary to establish identity. The suspect may be detained if identity cannot otherwise be established, or only with considerable difficulty; searches and identification procedures are then also possible. For persons who are not suspects, measures are permissible only where necessary to clarify the matter and proportionate; certain measures only with consent.
Averting danger and the duty to hold ID
Identity checks to avert danger are governed by the state police laws and the Bundespolizeigesetz. They differ from state to state; this has not been checked state by state. § 111 OWiG requires correct personal details. § 1 para. 1 PAuswG: duty to hold an ID card for Germans from age 16, to be shown only on request, no duty to carry it.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.