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
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Police arrive at the party
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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)
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Search & Seizure
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- 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
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Police want to shut down the event
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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
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Noise & Neighbors
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- 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)
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Your Rights in Austria
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- 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)
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Event laws are state matter
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- 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)
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Your Rights in Switzerland
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- 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)
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Regulated by canton
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- 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
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For all countries
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- 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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