What may the police do?
Police checks are part of everyday life – in traffic, in public spaces or at home. Many people don’t know exactly what police may do and where the limits are.
This page gives a simplified overview of typical powers – without claiming completeness.
The information is simplified and can only sketch the rules. Depending on state, situation and case, different rules apply. If unsure, seek advice from a counselling service or lawyer.
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General traffic check
General traffic checks aim to keep roads safe. The basis is usually traffic law and state police powers.
Typically allowed
- Stopping vehicles for control.
- Checking licence and registration.
- Visual inspection of the vehicle from outside.
- Questions about fitness to drive (e.g. alcohol, fatigue).
Only under certain conditions
- Asking you to get out, e.g. if alcohol/drug use is suspected or there is danger.
- More extensive vehicle checks (interior, boot) with concrete reasons or suspicion.
Usually not allowed
- Full vehicle search without reason or suspicion.
- Seizing phone or personal items without legal basis.
- Derogatory or intimidating behaviour – respectful conduct is expected.
Identity check
Personal data may be taken when there is a legal link – e.g. after an offence, on suspicion of a crime, to protect someone or in danger situations.
Typically allowed
- Ask for an ID.
- Record name, address and date of birth.
- Briefly hold you until identity is clarified if no ID is present.
Only under certain conditions
- Take you to the station if identity can’t be safely established on the spot.
- Database checks with legal basis.
Usually not allowed
- Completely random checks without relation to the situation (exceptions may exist in state law).
- Unjustified, excessively long detention.
Searches
Searches of people, items or homes differ. Home searches usually require a judge’s order; “danger in delay” can allow exceptions.
Typically allowed
- Pat-down of clothing with concrete suspicion of dangerous items.
- Searching bags or backpacks in certain suspicion scenarios.
Only under certain conditions
- Home search generally with judicial order, except in urgent danger.
- Comprehensive vehicle search when there is a concrete reason.
Usually not allowed
- Full search without reason.
- Searching homes or rooms unrelated to the person involved.
Phone & digital devices
Digital devices hold very personal data. Measures often need a clear legal basis.
Typically allowed
- Seizing a phone as potential evidence with concrete suspicion.
Only under certain conditions
- Reading contents usually only with a judge’s order or clear legal basis.
Usually not allowed
- Randomly “peeking into chats” without basis.
- Forcing you to hand over passwords – the right to remain silent may apply, depending on your role.
Alcohol and drug tests
There is a difference between voluntary preliminary tests (breath/rapid test) and a blood draw. The latter is much more regulated.
Typically allowed
- Questions about alcohol or drug use.
- Offering a voluntary breath test.
Only under certain conditions
- Ordering a blood draw usually with judicial approval or when danger is imminent.
Usually not allowed
- Forcing a breath test without legal basis – details are complex, get advice if unsure.
Taken to the station
Being taken along can apply when identity must be clarified or an arrest is carried out – or to protect the person.
Typically allowed
- Taking you along to establish identity if that’s not possible on the spot.
- Taking you along after a lawful arrest.
Only under certain conditions
- Longer holding or custody, for example for protection or to avert danger under police law.
Usually not allowed
- Taking you along without comprehensible reason.
- “Disciplinary lesson” without legal basis.
Your rights at a glance
Even in contact with police you have rights. Staying calm and respectful usually helps to avoid escalation.
Typically allowed
- Expect respectful conduct and respond respectfully.
- Ask for reasons behind measures (“Why am I being stopped?”).
- Seek legal advice.
Only under certain conditions
- Right to remain silent: in criminal cases you often may refuse self-incriminating answers – details depend on your role.
Usually not allowed
- Disrespectful or discriminatory treatment by officers.
- Measures without legal basis or proportionality.