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Know Your Rights

What to do when police arrive? Your rights as organizer and as guest.

Important Disclaimer: This page does not constitute legal advice and cannot replace it. We are not lawyers. Information is for general orientation only, without claim to completeness or currency. Laws change — always check current legislation in your country. For specific legal questions, consult a lawyer. Further information can be found in the linked sources.
🇩🇪 Deutschland
🇦🇹 Österreich
🇨🇭 Schweiz
Police Check as Guest
👮 Police arrive at the party

Your rights:

  • You must identify yourself (ID card/passport). Driver's license is NOT sufficient ID.
  • You have the right to remain silent. You don't have to make any statements beyond personal details.
  • A body search requires a judicial order OR "imminent danger".
  • You may ask: "Am I free to go?" — if yes: leave.

Don't:

  • Don't run — this justifies "imminent danger"
  • Don't lie — but also don't say anything incriminating
  • No resistance — even if the measure seems unlawful
  • Don't voluntarily open bags or "show you have nothing"

Legal basis: § 163b StPO (ID check), Art. 2 GG (right to silence)

🔎 Search & Seizure
  • Body search: Only by same-gender person
  • Phone: CANNOT be searched without judicial order (they can't make you unlock it)
  • Car: Search only with order or "imminent danger"
  • Document everything: officers' names, badge numbers, what was said/done

Legal basis: § 102-110 StPO, § 81a StPO (physical examination)

As Organizer
📜 Police want to shut down the event

Correct response:

  • Stay calm and cooperative — don't provoke
  • Designate ONE contact person — don't all talk at once
  • Ask for the specific reason for shutdown and document it
  • Request written order (eviction/shutdown notice)
  • Cooperate, but lodge objection on record

Possible grounds for shutdown:

  • Noise pollution (noise regulations, quiet hours from 10 PM in residential areas)
  • Missing permits (hospitality law, assembly law)
  • Fire safety violations, overcrowding
  • Drug law violations on premises

Legal basis: State police laws, GewO, GastG, BImSchG

📢 Noise & Neighbors
  • Quiet hours: 10 PM – 6 AM (may vary by municipality)
  • Night limits: 35 dB(A) in residential, 45 dB(A) in mixed areas
  • Rare events (max 10x/year) can be louder with special permit
  • Communication with neighbors BEFORE the event can prevent a lot

Legal basis: TA Lärm, BImSchG, state emission control laws

Police Check (AT)
👮 Your Rights in Austria
  • ID obligation: No requirement to carry ID, but identity check possible (name, DOB, address)
  • Right to silence — "I don't wish to make any statements"
  • Search: Only with concrete suspicion. Demand to know the reason.
  • SMG (Narcotics Act): Personal use of small amounts → health-related measure instead of punishment possible
  • Phone: Not searchable without judicial order

Legal basis: SPG (Security Police Act), StPO, SMG

Event Law (AT)
📜 Event laws are state matter
  • Each state has its own event law — Vienna, Lower Austria, Upper Austria etc. differ
  • Private parties up to ~150 people usually permit-free (varies!)
  • Notification requirement at municipality often from 50 people
  • Noise protection: Similar to DE, quiet hours 22:00–06:00

Legal basis: State event laws (e.g. Vienna Event Act, Lower Austria Event Act)

Police Check (CH)
👮 Your Rights in Switzerland
  • ID obligation: Yes, carry ID or passport (depending on canton)
  • Right to silence — you don't have to make statements
  • BetmG (Narcotics Act): Cannabis fines possible (fine up to 100 CHF for <10g)
  • Search: Requires concrete suspicion or judicial order
  • You may ask for badge number and reason for the check

Legal basis: StPO (Swiss Criminal Procedure Code), BetmG, cantonal police laws

Event Law (CH)
📜 Regulated by canton
  • Permit requirements differ by canton and municipality
  • Hospitality permit needed for serving drinks
  • Quiet hours: Regulated by canton, usually 22:00–07:00
  • Outdoor: Municipality permit + possibly forestry/nature conservation office

Legal basis: Cantonal hospitality laws, municipal police regulations

General Tips
💡 For all countries
  • Always stay calm, polite, and firm
  • Document everything: time, names, badge numbers, what was said
  • "I don't wish to make statements" is not an admission — it's your right
  • Never "consent" to a search — let them proceed but say "I do not consent"
  • Witnesses are invaluable — ask others to film (from safe distance)
  • Afterwards: write a memory protocol, consult lawyer if needed, file complaint if warranted
As of March 2026. Laws and jurisdiction change. This overview does not replace individual legal advice from a licensed attorney. When in doubt: contact a lawyer.
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