Police stop in Niedersachsen: your rights
Most rights during a stop are the same nationwide (StPO, the Basic Law). But averting danger, identity checks, searches, dispersal orders, detention, is in state law: in Niedersachsen in the Niedersächsisches Polizei- und Ordnungsbehördengesetz (NPOG). Here are the specific paragraphs for targeted look-up.
In a stop right now, or do you want to be prepared?
The helper guides you calmly step by step through the situation (traffic, person, home, arrest, and so on), with the matching §§ for Niedersachsen.
Open the step-by-step helper →What may the police do in Niedersachsen?
Establish identity (personal details)
§ 13 NPOG
Nationwide also § 163b StPO if there is a suspicion. You have to give your name, date of birth and address, nothing more.
Search a person
§ 22 NPOG
On suspicion, nationwide § 102 StPO. You do not have to actively hand anything over.
Dispersal order / ban from a place
§ 17 NPOG
Check without cause / dragnet control
§ 13 NPOG
possible (in certain situations/locations)
Take into custody
§§ 18, 19, 21 NPOG
Maximum duration: up to 10 days (35 in terrorism cases). Longer detention is decided by a judge (Art. 104 GG).
Assembly / demonstration
own state law: Niedersächsisches Versammlungsgesetz (NVersG)
Officer ID labeling requirement
varies
Inconsistent/being changed. In any case, you may calmly ask for a name or badge number.
Your rights in every stop (nationwide)
- I do not have to say anything about the matter (right to remain silent).§ 136, § 163a StPO
- I have the right to bring in a lawyer.§ 137 StPO
- My home may in principle only be searched with a judicial warrant.Art. 13 GG, § 105 StPO
- A search of me or my belongings requires a legal basis.§ 102 StPO / Polizeigesetz
- I will give my personal details.§ 163b StPO, § 111 OWiG
Golden rules
- Stay calm and polite: that is your greatest advantage.
- Personal details: yes. The matter: say nothing.
- No physical resistance, even if you think the measure is wrong. Fight it later with a complaint or a lawyer, not on the spot.
- Do not sign anything you do not understand.
- When in doubt: stay silent and ask for a lawyer.
These state-level details are researched points of reference (the paragraph numbers can shift due to reforms). The current statutory text is always what governs, the §§ help you look things up precisely. Nationwide, § 163b StPO (identity) and § 102 StPO (search on suspicion of an offense) also apply.
Other federal states
A self-help tool, not legal advice (RDG). In case of doubt or an accusation: stay calm, say nothing about the matter and bring in a lawyer.