Police stop: Obligations of the person concerned

A police stop (police power to stop) is a key tool used by the police to investigate criminal offences. It serves to establish any possible link between the person stopped and a criminal offence. The legal basis for this is set out in the Swiss Criminal Procedure Code (StPO), specifically in Art. 215 StPO. Unlike arrest under Art. 217 et seq. StPO, which is only permissible in relation to suspects, police detention does not require any specific suspicion of a crime. Furthermore, police detention must be distinguished from public security measures (such as identity checks in border areas), which serve to avert danger and maintain security and order, rather than to investigate a criminal offence. Such police checks are subject to cantonal legislation.

In the interests of investigating a criminal offence, the police may stop a person and, if necessary, take them to the police station in order to establish their identity, question them briefly, ascertain whether they have committed a criminal offence, or whether they or any items in their possession are the subject of a search (Art. 215(1) StPO). The person stopped may be required to provide their personal details, produce identity documents, present any items they are carrying, and open containers or vehicles (Art. 215(2) of the Criminal Procedure Code).

Police observations, questioning and investigations must always be based on objective grounds. Such grounds may include, for example, a (vague) suspicion that the person has committed an offence, or a suspicion that they are in possession of items sought by the police. However, a stop may also serve simply to narrow down the circle of possible suspects.

The obligations of the person stopped are set out exhaustively in Article 215 of the Criminal Procedure Code. The person stopped is obliged to provide their personal details. These include their name, place of residence and date of birth. Apart from providing this information, the person stopped is not otherwise obliged to make a statement. They may invoke their right to remain silent, which must be expressly pointed out to them at the start of any questioning. However, if the person stopped makes statements during the questioning, they must be aware of the possible criminal consequences of making false accusations (Art. 303 of the Swiss Criminal Code), obstructing the course of justice (Art. 304 of the Swiss Criminal Code) and aiding and abetting (Art. 305 of the Swiss Criminal Code).

If the person stopped fails to comply with their obligation to produce identification documents, to present any items they are carrying, and to open containers and vehicles, the police may, where there is imminent danger, search the person’s clothing, belongings, containers or vehicles without a search warrant issued by the public prosecutor. An examination of ‘non-visible body orifices and body cavities’ within the meaning of Article 241(3) of the Criminal Procedure Code is, in principle, also permissible in cases of imminent danger; however, it is not generally covered by the purpose of a police stop and is therefore usually inadmissible. The same applies to more extensive searches, such as the search of a smartphone. If the police stop does not take place in a publicly accessible location, the requirements for a house search (Art. 244 et seq. StPO) must also be met.

If the checks required under Article 215 of the Criminal Procedure Code cannot be carried out on the spot, the police are authorised to take the person stopped to the police station. In doing so, the principle of proportionality must again be observed. According to Federal Supreme Court case law, taking a person to the police station is appropriate, for example, if the person concerned is shouting or physically resisting, thereby making it impossible to establish their identity or conduct a brief interview (FSC 1B_176/2016 para. 5.4.2). As a police stop is a coercive measure, the police may also use force, provided they observe the principle of proportionality.