One may also experience discrimination in the hands of the police. One adverse treatment people of colour may face in Germany is the so-called racial profiling. Racial profiling is when a person is stopped, questioned, searched or even arrested by the police just because their skin colour or physical features make them a subject of suspicion in officers' eyes. Discriminatory insults, mistreatment or attacks may also happen. Victims of illegal discriminatory treatment and violence by the police can report the officer/s in question. Those affected can turn to the "Campaign for Victims of Racist Police Violence" (KOP) for advice and support. Check section "Where can I find help and support?" for their contact information.
Police officers are not above the law and they must abide by it like regular citizens. What German police may and may not do is regulated in the Criminal Code, the Code of Criminal Procedure and Police Law.
- If you are walking in public, the police can ask for your ID. But if you are not suspected of a specific crime or do not have pieces of evidence from another suspect with you, the police are not allowed to search you. If they insist to do so anyway, you have to declare your disagreement. If you don't say anything, that is considered consent. If you are then searched despite your preference, the police officers are liable to prosecution. If you have gone through such experience, contact a counselling centre or a lawyer and seek advice.
- If you are driving a vehicle, the police can ask for your ID, driver's license and vehicle registration document. They can also ask you to stop and leave the vehicle. Furthermore, they can check whether you have a warning triangle and a first-aid kit with you. However, they may not search your vehicle or examine your driving capacity through tests (like walking in a straight line) if there is no clear indication of alcohol or drug consumption. If the police officers try to test you anyway, you can withhold your consent. In such a case, if police officers force you to go through the examination, they will be criminally liable. Important: If you don't say anything and do not declare your disagreement, it will be taken as consent.
- If you are accused of a crime, the police may conduct a blood or urine test. To do so, in principle, the police must have the approval of a judge-They may only act without it if it is inevitable to react immediately (e.g. because later, it may no longer be possible to prove the existence of drugs or alcohol). But actual indications of alcohol or drug use must exist- so the police are not allowed to arbitrarily conduct these tests. If a police officer wants to do a blood/urine test for no apparent reason, you can declare your objection.
- The police are not allowed to take you to the police station without a sound reason. If a police officer asks you to come along, you can refuse to give your consent. If you are taken away anyway, the police are liable to prosecution. In such a case, you should contact a lawyer.
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. If that is the case, make sure you contact a lawyer and seek advice beforehand.
You have the right to ask for the police officers' ID card and write down their details. This is crucial if you later want to file a complaint. It is also always helpful to ask passers-by to observe the situation, which means you can later have witnesses. Important: You must file a criminal complaint within three months of the incident. You can do so directly at the public prosecutor's office, so you don't have to go to the police to do so.