police germany human-rights
What kind of information is a police officer in Germany allowed to ask, in random situations on the street, e.g., during a traffic check?
<p>For reference: There is the well-known argument, especially in the U.S., that you should not talk to the police, like here <a href="https://www.youtube.com/watch?v=d-7o9xYp7eE" rel="nofollow noreferrer">https://www.youtube.com/watch?v=d-7o9xYp7eE</a> in one of the extremest forms. There are lots of videos online of people being stopped in their cars and then going on for 30 minutes to &quot;plead the fifth&quot; while the cop asks the same question over and over again. For example, in the U.S., the key words seem to be &quot;am I detained, am I free to go&quot;; and by the way they are <em>always</em> used exactly like this, I assume they are not just randomly used, but with some kind of precedent.</p>
<p>Question: What kind of information is a police officer in Germany allowed to ask, in random situations on the street, e.g., during a traffic check? Presumably name and address, and whatever is on the Personalausweis? Is there a particular (verbatim) sentence that can be used in German if you do not wish to answer a question, without making yourself suspicious?</p>
<p>As a very concrete example: I was stopped in a generic traffic check once, late at night, in a very peaceful area where <em>nothing</em> ever happens, and was asked where I just came from. I truthfully answered &quot;from the gym&quot; or something like that and that was it. At the time, it seemed simply like small talk; they were friendly, I was friendly, they had a look at my documents, and we were done with it. But it certainly <em>was</em> the kind of situation those U.S. videos seem to be about; i.e. I <em>could</em> pretty easily have been forced into a situation where I had to lie or implicate myself, without even knowing.</p>
<p>I know that there are political groups with very strong opinions in Germany who will tell us to not utter a single word to an officer, but would prefer to know what the judicative has to say on this. Are there well-known precedent cases?  Are there official formulations which are recognizable to an officer to mean &quot;I am aware of my rights, and would prefer not to make an issue of this, but don't want to keel over right away&quot;? Or is this more of a cat-and-mouse game, usually? Is there a (publicised) policy about this in the police community?</p>

<p>The <a href="https://en.wikipedia.org/wiki/German_Bar_Association" rel="noreferrer">German Bar Association</a> published an article about your rights in traffic controls (<a href="https://anwaltauskunft.de/magazin/mobilitaet/verkehr/polizeikontrolle-das-sind-ihre-rechte" rel="noreferrer"><strong><em>Polizei­kon­trolle: Das sind Ihre Rechte</em></strong></a>, July 2018) and an article about your rights in identity checks (<a href="https://anwaltauskunft.de/magazin/gesellschaft/strafrecht-polizei/was-darf-die-polizei-bei-einer-personenkontrolle" rel="noreferrer"><strong><em>Was darf die Polizei bei einer Perso­nen­kon­trolle?</em></strong></a>, June 2018).</p>

<h3>Traffic check</h3>

<p>You do have to </p>

<ul>
<li>answer questions for determining your identity (see section about identity check).</li>
<li>show the car registration document.</li>
<li>show your driving licence.</li>
<li>leave the vehicle (if asked to).</li>
<li>show the legally required equipment (medical kit etc.).</li>
</ul>

<p>You don’t have to </p>

<ul>
<li>answer questions like "Why do you think you were stopped?" or "Where are you coming from?".</li>
<li>admit a crime/offense.</li>
<li>agree to a test (breathalyser, urine, blood, pupil reaction etc.).</li>
<li>let them enter or search through your vehicle (unless in the case of <em>Gefahr im Verzug</em>, i.e., something like exigent circumstances).</li>
</ul>

<p>If you don’t want to answer a question, they recommend to say that you don’t want to answer.</p>

<p>If you don’t agree to a test, the police may bring you to a police station where they may e.g. take a blood sample.</p>

<h3>Identity check</h3>

<p>You do have to</p>

<ul>
<li><p>answer questions for determining your identity, i.e.:</p>

<ul>
<li>name</li>
<li>birthday</li>
<li>birthplace</li>
<li>home address</li>
<li>nationality</li>
</ul></li>
<li><p>show your identity document (if carrying it with you).</p></li>
</ul>

<p>You don’t have to</p>

<ul>
<li>answer any other questions (e.g., where you are coming from or going to).</li>
</ul>

<p>If you don’t answer the questions for determining your identity, the police may bring you to a police station, and/or frisk you (only allowed in certain  circumstances).</p>
