Section 163e
Order for observation during police checks
(1) An order may be made for police observation during police checks allowing for
personal identification data to be taken if there are sufficient factual indications to
show that an offence of substantial significance has been committed. The order may
be directed only against the accused person and only where other means of
establishing the facts or determining the offender’s whereabouts would offer much
less prospect of success or would be much more difficult. The measure shall be
admissible against other persons if it can be assumed, on the basis of certain facts,
that they are linked to the offender or that such a link is being established, that the
measure will lead to the establishment of the facts or to the determination of the
off
ender’s whereabouts and using other means would offer much less prospect of
success or would be much more difficult.
(2) The license plate number of a motor vehicle or the identification number or
external marking of a watercraft, an aircraft or a container may be included in the
notice if the vehicle, watercraft or aircraft is registered in the name of a person in
respect of whom a notice has been issued pursuant to subsection (1) or if the
vehicle, watercraft, aircraft or container is being used by that person or by another
person whose identity is yet unknown and who is suspected of having committed an
offence of substantial significance.
(3) Should such a person be encountered, personal data about an individual
accompanying the person referred to in the notice or about a person operating a
vehicle, watercraft or an aircraft included in the notice pursuant to subsection (2) or
about a person using a container included in the notice pursuant to subsection (2)
may also be communicated.
(4) The order for police observation may only be given by the court. In exigent
circumstances, the order may also be made by the public prosecution office. If the
public prosecution office has made the order, it shall apply for court confirmation
without delay. Section 100e (1) sentence 3 shall apply accordingly. The order shall
be limited to a maximum of one year. It may be extended by no more than three
months in each case, insofar as the conditions for making the order continue to
apply.
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