Transcription
15 Things the Police Are Not Allowed to Do. In this video, I, as a lawyer, will explain to you what the police are allowed to do and what they are not. Clearly understandable and with real-life examples. If you like this video, please leave a like and subscribe so you don't miss any important legal tips. And at the end, I will explain to you exactly what you need to do if an unlawful measure actually affects you. Let's begin. First, the police are not allowed to stop and search you just like that without a reason. There must be a concrete suspicion or a special situation like a danger zone, train station, or airport. Otherwise, the police must explain to you what suspicion actually exists. So, if you are stopped, ask for the specific reason. Second, you must be able to identify yourself, that is correct, but you do not have to carry your ID with you all the time. You can prove your identity in other ways, e.g., with your driver's license, health insurance card, or sometimes even witnesses. Third, without initial suspicion of a crime or danger, the police are not allowed to search your bags or backpack. A judicial order is generally required for a search, except in cases of imminent danger. What exactly "imminent danger" means and why it is not a given, as many police officers often believe, I will gladly explain to you in another video. Fourth, have you ever heard of a "Schleierfahndung" (blanket search)? Schleierfahndung is a form of police control where people and vehicles can be checked without specific suspicion. So far, so good. But even with Schleierfahndung, an abstract danger must be justified. The police don't tell you that. And it must be properly justified if you actually demand it from them. Controls without any reason are also inadmissible here. Fifth, always explicitly object if you do not consent to a search. Only then can you defend yourself against an unlawful measure later. Stay tuned, and I will tell you right away how to do that or what you need to do. Sixth, you are not obligated to voluntarily hand over items like your mobile phone or other things. The police can only confiscate them if there is a legal basis. And here's a little tip from me. If the police want to confiscate your mobile phone, for whatever reason, turn it off beforehand and under no circumstances give them your PINs, let alone your fingerprint or your face. Many police officers promise you that if you cooperate with the police, it will have a mitigating effect in a possible subsequent criminal proceeding against you. Folks, that is absolute bullshit. The police have no say in that at all. In the end, the judge always decides, no matter what the police tell you. Seventh, you do not have to provide any information about possible criminal offenses, your whereabouts, or your past. Use your right to remain silent. You know the saying: Talking is silver, silence is gold. Eighth, should the police, for any reason, decide to take you with them, be aware of the following. Being taken to the station is only allowed if there is a strong suspicion or for identity verification. So, ask for the specific reason. If they don't give you one and still want to take you? Okay, that can happen. Under no circumstances resist, because otherwise, you give them exactly what they need to justify taking you, and in that case, even arresting you, later on. And later, no one will ask what came first, the egg or the hen. That is called resistance against law enforcement officers and would be a criminal offense. In this case, you will of course go voluntarily, without resisting. But just because you go voluntarily doesn't mean you have consented to the unlawful measure. So, say, "I am going, but only under protest, and I expressly object to this measure, and I want it to be officially recorded." Ninth, do not make any statements without your lawyer. You know that saying, but especially not when it comes to drug offenses. That can, no, that will definitely have a negative impact later. Tenth, checks based on appearance, origin, or religion are, of course, unlawful. A search of a residence almost always requires a judicial order. If they are at your door without a judicial order, keep the door closed. If you have already opened it, throw them out. Should they have a search warrant, get a copy of it, and in case they confiscate anything, have a confiscation protocol drawn up. But please do not sign anything. What many people don't know, if a house search is carried out, definitely get a witness. That is your right. Blood and urine tests may only be carried out with concrete suspicion or a judicial order. You should always refuse such a measure or under no circumstances agree to it. Should the measure be carried out against your will, insist that the police also record that. 13. Aggressive behavior by the police is not allowed as long as you remain cooperative. For this reason, it is always important to have a witness present. That is your right. 14. You are not obligated to provide information about previous contacts with the police. Here too, the rule is: keep your mouth shut. 15. Your companions may also only be checked for a specific reason. Even if they find something illegal with them, it does not mean that they can also search your companions. There would also have to be a concrete suspicion. The mere fact that they are your companion is not enough here. So, and here is my promised tip: Don't put up with everything. If you are the victim of an unlawful measure, demand the service number, they don't have to give you the name, the service number of the officer, and immediately file a complaint. If in doubt, you should initiate legal action, file a lawsuit, from damages to pain and suffering, everything is possible. Don't misunderstand me here. The police are not your enemy, but they are also not your friend. Even if you sometimes get into a casual and easy chat with them, whatever you confide in the police will end up in the file and be used against you. Rely on that. And what is once in the file, you will never get out of it. You can't later say, I didn't say that at all. But that's what the police officer wrote in the file. Yes, but he wrote something wrong. Prove that. Have fun with that. So, choose your conversation partners wisely. Do you have questions or suggestions? Write them in the comments.