Police officers are not above the law. What they are allowed to (or not) is regulated in the penal code, the criminal procedure code and police law.
The police can ask for your ID. If you are not suspected of a specific crime or if you do not have evidence of another suspect with you, the police will not be allowed to search you. This also applies to your home: Your home may only be searched if you are suspected of a criminal offense or the police suspect that a suspect is in your home. If the police say they want to search you or your home anyway, you have to clearly state that you don't agree. If you don't say anything, that is considered consent. If you are then searched anyway, the police officers are liable to prosecution. In this case, contact a counseling centre or a lawyer. Important: Women can ask for a female police officer if they are to be searched.
If you are driving a vehicle, the police can ask for your ID, driver's license and vehicle registration document. The police can also ask you to stop and leave the vehicle. The police officers can also check whether you have a warning triangle and a first-aid kit with you. However, they may not search your vehicle or test your fitness to drive with various tests (e.g. walking in a straight line) if there is no clear evidence of alcohol or drugs with you. If the police do or demand it anyway, you have to withhold your consent. If the police force you, they will make themselves liable to prosecution. Important: If you don't say anything, it will be taken as consent.
The police are only allowed to do a blood test or urine test if you are accused of a crime. In principle, the police must have the approval of a judge for this. The police may only act without the approval of a judge if it is necessary to react immediately (e.g. because you can no longer prove the drugs or alcohol later). It is important, however, that there are really indications of alcohol or drug use. The police are not allowed to arbitrarily conduct these tests. If a police officer wants to do a blood test or urine test for no apparent reason, you can refuse to give your consent.
The police are not allowed to take you to the police station without a reason. If a police officer asks you to come with them, you can refuse to give your consent. If you are taken away anyway, the police are liable to prosecution. In this case you should contact a lawyer. If you don't know any lawyers yourself, you can contact the "Emergency Service of Criminal Defense Lawyers Berlin" on 0172-3255553 and ask for support. The employees there are available day and night
If you are questioned by the police, you can refuse to testify. That means: you don't have to answer the questions. If you get a written invitation from the police, you don't have to go there. You only have to accept invitations from the public prosecutor's office or a court. Make sure you contact a lawyer beforehand.
You have the right to ask for the police officers' ID card and to write down their details. This is important if you later want to file a criminal complaint. It is also always helpful to ask passers-by to witness the situation, so that you have witnesses too. Important: You must file a criminal complaint within three months of the incident. You can do this directly at the public prosecutor's office. So, you don't have to go to the police.
If you are arrested, you have the right to call a lawyer. If you don't know any lawyers yourself, you can contact the "Emergency Service of Criminal Defense Lawyers Berlin" on 0172-3255553 and ask for support. The employees there are available day and night.