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Identity check: what the police may do, and what you must do

The police want your name and ID? An identity check is permissible in many situations, but it has limits. You must state your personal details, but no more than that.

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On a suspicion of a crime (§ 163b StPO) or under state law (for example, to avert danger), the police may establish your identity. You must then state your name, date of birth, place of birth, and address.
You do not have to state more: no information about the matter, no unlocking of the phone, no information about where you are going. Silence about the matter is your right.

What you should do now

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    1. State your personal details

    Calmly state your name, date and place of birth, and address. An ID is helpful; however, carrying an ID at all times is not mandatory for everyone.

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    2. Stay silent about the matter

    You do not have to answer questions about the 'why', 'where from', or 'where to'. Stay polite, but say only what is necessary.

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    3. Ask for the reason

    You may calmly ask why your identity is being established. Note down the officer's badge number.

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    4. Mind proportionality

    Detention or being taken to the station is only permissible if the identity cannot be established otherwise, and only for as long as necessary.

Frequently asked questions

Do I have to show the police my ID?

You must state your personal details (name, date and place of birth, address). You must indeed own an ID card, but you do not have to carry it with you everywhere at all times. If you cannot identify yourself, the police may establish your identity in another way.

Do I have to say where I come from or where I am going?

No. Beyond your personal details you do not have to give any information about the matter. Your right to remain silent applies; you can politely but firmly stick to the mere personal details.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.