Taken into police custody: your rights and limits

Police custody usually serves to avert danger (such as with imminent disturbances) and is something different from a criminal-procedural arrest. Here too you have rights: you may notify a person of trust and a lawyer, and a judge must decide without delay on a longer deprivation of liberty.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Check your right to a lawyer →

Your chances of getting your money back

Custody to avert danger is governed by the respective state police law. A deprivation of liberty generally requires a judicial decision without delay (Art. 104 GG).

You have the right to have a relative or a person of trust and a lawyer notified. You must be told the reason for the custody, and it may only last as long as the danger exists.

What you should do now

1
1. Ask for the reason
Ask for the reason for the custody, it must be given to you.
2
2. Demand notification
Insist on being allowed to inform a person of trust and a lawyer.
3
3. Calm and silent
Stay calm and make no statement about the matter; custody is no occasion for a confession.
4
4. Judicial review
A judge must decide without delay on a longer deprivation of liberty, you can invoke this.

How to spot the scam

You are not told the reason for the custody.
A notification of a lawyer or relatives is refused.
The custody lasts longer than the danger exists, without a judicial decision.

Frequently asked questions

How long may the police hold me in custody?

Only as long as it is necessary to avert danger. A judge must decide without delay on a longer deprivation of liberty (Art. 104 GG). The maximum duration is governed by the respective state police law.

What rights do I have in custody?

You must be told the reason. You may have a person of trust and a lawyer notified. About the matter you do not have to say anything. With a longer deprivation of liberty, a judicial decision must be obtained.

Is police custody the same as an arrest?

Not quite. Custody usually serves to avert danger under state police law, whereas the criminal-procedural arrest serves prosecution. In both cases, however, your right to silence, your right to a lawyer and judicial review with a longer deprivation of liberty apply.

Take action now

We put together the ready-made texts and the right places to contact for you.

Check your right to a lawyer Check a suspicious message

More help: Emergency by phone · Act together · Right to a lawyer · All guides

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.