NCJ Number
28964
Journal
POLIZEI, TECHNIK Volume: ERKEHR Issue: 2 Dated: (FEBRUARY, 1975) Pages: 65-66
Date Published
1975
Length
2 pages
Annotation
THE PRINCIPLES ACCORDING TO WHICH THE LEGALITY OR ILLEGALITY OF POLICE ACTIONS IS DETERMINED ARE LAID DOWN IN THE WEST GERMAN CONSTITUTION, AND PRIMARILY IN ARTICLES 1 AND 2 AS THEY APPLY TO EXCESSIVE BEHAVIOR.
Abstract
THE PRINCIPLE OF THE PROHIBITION OF EXCESSIVE BEHAVIOR IS VIOLATED IF POLICE DISCRETION LEADS TO LEGAL CONSEQUENCES THAT ARE ADMISSIBLE IN THE ABSTRACT BUT UNDESIRABLE, UNNECESSARY OR INAPPRIATE IN ACTUAL PRACTICE. THUS, DESIRABILITY, NEEDFULNESS AND APPROPRIATENESS ARE THE BASIC PRINCIPLES USED IN DETERMINING LEGALITY OR THE LACK OF IT. ADDED TO THESE AS GUIDING PRINCIPLES FOR THE WEST GERMAN POLICE ARE THE PRINCIPLE OF USING THE MILDEST MEANS OR THE MEANS INVOLVING THE LEAST INTERFERENCE WITH OTHERS AND THE PRINCIPLE OF FITTING ACTION TO THE CIRCUMSTANCES. --IN GERMAN