Wegweiser Society · Civil rights and participation Deutsch

🚔 Your rights during police checks and identity checks

You must give your name and address, but you do not have to say anything more. Rules differ from state to state.

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

  1. Stay calmResistance makes things worse. Complaints are possible later.
  2. Give your personal detailsName, date and place of birth, address, nationality under § 111 OWiG.
  3. Otherwise remain silentYou do not have to say anything about the matter itself.
  4. Document it afterwardsWrite down what you remember, note witnesses, then seek advice or make a complaint.

Deadlines

no fixed deadline
Complaints and legal remedies have their own deadlines. Get advice promptly.depending on the procedure, not checked
Watch out – common mistakes
  • 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.

Who is responsible
  • State police; federal police (Bundespolizei)
  • Complaints bodies of the states (where they exist, please research locally)
  • Lawyer

Quick questions

Worum geht es bei „Your rights during police checks and identity checks“?
You must give your name and address, but you do not have to say anything more. Rules differ from state to state.
Which deadlines and figures matter?
no fixed deadline: Complaints and legal remedies have their own deadlines. Get advice promptly. (depending on the procedure, not checked)
What should I do first?
  • Stay calm: Resistance makes things worse. Complaints are possible later.
  • Give your personal details: Name, date and place of birth, address, nationality under § 111 OWiG.
  • Otherwise remain silent: You do not have to say anything about the matter itself.
What do I need to watch out for?
  • 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.
Evidence
  • Gesetze im Internet, § 163b StPO, retrieved 20 September 2026
  • Gesetze im Internet, § 1 PAuswG, gesetze-im-internet.de/pauswg/__1.html, retrieved 20 September 2026
  • anwalt.de / klugo.de, Personenkontrolle (search result, secondary sources), retrieved 20 September 2026
As of

September 2026 · Sources and method

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.