From BZ/dpa
Those who are checked by the police not only have obligations, but also rights. Because not every request has to be followed. And there are still many myths circulating.
When the policeman comes and asks for the papers, some drivers react hectically. Others are intimidated, and some even talk for the head and neck. We asked experts what is allowed at a traffic stop and how best to behave.
Who is allowed to carry out traffic checks?
Only the police are authorized to do this. “According to the StVO, traffic checks serve to check the vehicle and the driver and must be carried out by officers in uniform,” explains Felix Müller-Baumgarten, a lawyer and traffic law expert at the Auto Club Europa (ACE).
But even in plain clothes, the police have the right to check if there is a good reason for it. According to Müller-Baumgarten, this can be a conspicuous driving style, for example. Then it is a “suspicion-based control”.
Does the police always have to be two at a traffic stop?
No, that’s a myth. A police officer may also carry out a check alone.
“It is true that patrol cars are usually manned by two police officers or more. However, this duo serves primarily to protect the police officers,” says attorney Daniela Mielchen.
Can personal items be searched?
Not without a good reason. “You don’t have to show or have your cell phone checked at a police checkpoint, nor the contents of bags, bags or other things,” says Gerrit Reichel from the Automobile Club Verkehr (ACV).
Anything that is required beyond checking the vehicle and the driver is not legal in the first place.
Exceptions: There is “imminent danger” or there is “reasonable suspicion”. “But that would only be the case if, for example, the car had been seen committing a crime,” says Reichel.
Which papers must be presented?
The basic equipment includes a driver’s license and a vehicle registration document. “If you can’t present these two documents, you risk a fine of ten euros each,” says attorney Mielchen.
You do not have to show your identity card, however, because it does not necessarily have to be carried with you. A copy of the vehicle registration document is not sufficient and a fine of ten euros may be imposed.
You should always have a driver’s license with you when driving Photo: picture alliance / ZB
Can the police also look in the trunk?
No, even the trunk is taboo. But the police sometimes use a trick: “Because the trunk doesn’t have to be opened without suspicion, the officers often ask for the warning triangle and first-aid kit, which is usually kept in the trunk,” says Felix Müller-Baumgarten. The police will also be happy to take the opportunity to take a look at the other items in the trunk.
Which is better – talk a lot or just answer the questions?
Both can be right and wrong. “It’s important to remain calm and polite during traffic checks, then the officers usually do the same,” says Müller-Baumgarten.
But: “It’s better not to use funny sayings in order to prevent misunderstandings and not to let the already tense situation of a control escalate.”
Do I need to mention the one glass of beer I had?
There is no obligation to do this. “No one is obliged to incriminate themselves. The right to remain silent is a constitutionally guaranteed right,” says Daniela Mielchen.
The lawyer also advises not to get involved in a conversation. “Because what very few people know: you generally don’t have to give any information to the police.”
Can a urine sample, drug test or blood alcohol test be requested?
No, absolutely not. “Such tests are always voluntary,” says Mielchen.
In principle, there is no obligation to cooperate in traffic controls. The police officers are only entitled to order a doctor to take a blood sample if there are special grounds for suspecting a criminal offense if a voluntary blood sample has not previously been consented to.
A policewoman regulates traffic with a trowel with the inscription “Stop Police” (symbolic photo) Photo: picture alliance
Am I obliged to get out of the car for the inspection?
Not for now. “You are obliged to stop at a corresponding sign and then switch off the engine and lower the window,” says Gerrit Reichel. However, you only have to get off when you are asked to do so.
Do the police officers have to identify themselves?
If you ask him to do so, a police officer will also have to identify himself. However, there is no obligation to show the identity document for every official action.
On explicit request, however, police officers are obliged to identify themselves, to give their name, sometimes also their service number, their job title and their department, according to the ACE. Legal details vary by state.
What happens if I ignore the police stop signs?
Then it can get expensive. Because if you, as a road user, are asked by the police to stop, you have to follow these instructions. Otherwise, according to Daniela Mielchen, there is a risk of a fine of 70 euros and one point in the register of fitness to drive.
“But this only applies to stopping yourself, not to taking part in any alcohol tests, for example,” says the lawyer.