How should I behave in front of the police, and what powers do they have?
POLICE ETIQUETTE Munich
How to behave correctly. Your specialists for Drug Law. How to behave correctly.
Your specialists for drug law.
How should I behave in front of the police, and what powers do they have?
Police Etiquette
In many cases, you cannot plan a confrontation with the police – which means you are exposed to the situation spontaneously. This carries a high risk of acting rashly to your own detriment. With rash statements, voluntary consent to certain tests, or careless admissions to investigative measures, you can ruin important options and opportunities for a successful defense in drug-related cases.
We want to protect you from acting carelessly with the police and unintentionally incriminating yourself. Unless you have a defense strategy developed by a specialist in drug law, you should observe basic rules of conduct towards the police and know your rights and responsibilities.
How should I generally behave towards the police?
- Remain silent on the matter! Invoke your right to remain silent. Your silence will never be held against you.
- Contact us as soon as possible. Our lawyers are available by phone 24/7.
- Stay calm and friendly, keep your cool.
- Do not comment on your drug use, even if it happened years ago.
- Refuse any kind of rapid drug test.
- Avoid aggressive behavior. Do not offer physical resistance.
- Do not engage in “parallel conversations” with the police. Any statement you make can be recorded and used against you.
- Object to searches or seizures.
- Don’t sign anything.
- Only do what you have to do.
What do I have to disclose? What do I have to allow? What am I allowed to do? What rights do I have?
- It is in your interest to provide your personal information for identification purposes (last name, first name, date and place of birth, current registered address).
- You only have to passively tolerate. You have no obligation to cooperate.
- You do not have to voluntarily consent to any measure.
- You have the right to remain silent on the matter.
- You have the right to contact a lawyer.
- You have the right to refuse a rapid drug test.
What can the police do? / What can’t the police do?
- The police are authorized to establish your identity.
- The scope of police powers depends on whether the officers are acting on the basis of a court order or not.
- If there is reasonable suspicion of a crime (imminent danger), the police are authorized to take certain measures even without a court order. However, “imminent danger” must be justified by facts relevant to the specific case. Pure speculation, hypothetical considerations, or case-independent, empirical assumptions are insufficient as justification here.
- The police must allow you to call a lawyer.
- The police may not force you to take a rapid drug test.
- The police may not force you to sign documents on the spot.
- The police may not force you to provide a voice or writing sample.
IMPORTANT NOTICE
The above recommendations and advice cannot replace legal advice! In any case, contact H2 Attorneys at Law Munich immediately if you are confronted with the police in connection with a criminal offense. We will advise you competently and comprehensively and initiate all necessary steps to represent your interests with commitment and consistency.
The most important tip in criminal law.
REFUSE TO TESTIFY, CONTACT A LAWYER
The most important tip applies to drug law as well as to general criminal law: Accused persons should not testify. Irrelevant statements usually lead to self-incrimination, which significantly complicates the defense’s subsequent work. Instead, those affected should refuse to testify and immediately call H2 Attorneys at Law in Munich. Our attorneys are available 24/7 via the emergency number. Our drug law specialists will develop a prudent trial strategy. These considerations also include questions such as: Is therapy an option instead of punishment under Section 35 of the Narcotics Act? Can measures of reform and security be avoided? Is the leniency program under Section 31 of the Narcotics Act suitable?
