The Admissibility of Non-occasional Identity Checks in Public Spaces
PhD student: Franziska Ellmauer, LL.B.
Citizens have a right to privacy, even in public spaces. However, the extension of police powers to conduct warrantless checks of individuals is increasingly endangering this enclave of privacy. Whether in the context of a strategic search or staying in weapons ban zones - citizens increasingly have to put up with police checks without any reason or suspicion.
Consequently, the dissertation deals with the question whether and under what conditions the warrantless control of persons in public spaces is admissible.
The scope of protection of public spaces is defined and its protective function is examined. The dissertation’s main body is dedicated to public security measures. These control measures are evalued against the background of current case law and their compatibility with the German Basic Law is reviewed, in particular their compatibility with the general right to privacy and freedom of action.
Special emphasis is placed on the implementation of dragnet searches and strategic searches. In particular, the search according to ethnic affiliation ("racial profiling") and the associated compatibility with the principle of equality from Article 3 (3) of the German Basic Law is examined critically at this point. In addition to constitutional issues, the requirements of the Schengen Borders Code under European law is reviewed. The implementation of danger zones and weapons ban zones are also critically examined from both a constitutional and a security policy perspective.