NCJ Number
78936
Date Published
1980
Length
6 pages
Annotation
Questions concerning the legality of raids and roadblocks by West German police are discussed in two presentations and a discussion.
Abstract
Until 1978 no special regulations existed to control police use of raids and roadblocks as a means of apprehending criminals. According to the new laws, raids are generally not conducted to find particular offenders. Consequently, persons arrested in raids can only be taken in for identification by State police as part of general preventive measures. Police roadblocks must not interfere with passing motorists unless their behavior is suspicious, or unless certain conditions are met. Difficulties in determining whether or not particular roadblocks or raids are allowed result from inconsistent use of the terms, occasional problems in differentiating between official police actions in preparation for intervention and actual intervention, misleading legal language, and unrealistic assignment of authority for raids and road blocks to the court. One speaker argues that the police have the responsibility for setting up roadblocks and that they may carry out the necessary control measures. Checkpoints set up in connection with particular crimes under the 1978 law are the responsibility of the court or the prosecutor. Ad hoc roadblocks can be established by the police chief; control measures are to be determined by the officers in charge. Panelists conclude that the list of offenses which justifies establishment of a police roadblock according to the 1978 law is much too narrow. Participants in the discussion generally feel that police should retain their authority to set up roadblocks in emergency situations surrounding particular events. The impracticality of involving the courts and the prosecutor's office in roadblocks is emphasized. Finally, discussion participants deem the physical set-up of the roadblock a matter for the police alone.