The following scenario is based on a real-life situation in Germany. It could differ from a similar situation in any other country due to the specifics of national law enforcement regulations. For more details go to the section Country Specific Information of this module and choose the respective country.
A patrol car is following a cycle on a busy road in Germany. It is already dark, but the bike lights are not on. The cyclist is wearing dark clothes and is hardly visible. The police officers decide to stop the cycle. They signal to the cyclist to pull over. The cyclist stops, the police officers get out of the vehicle and walk to the cyclist.
Good evening. I am officer Walter from Leipzig police station
Evenin‘.
We stopped you because you were riding with your lights off. It is already dark, and you are hardly visible on the road.
Yeah. Somebody has stolen my lights.
Before you give me more details on the matter, I must inform you about your rights: You have the right to remain silent if you wish. Riding a cycle without lights is punishable by a fine of 20 euros. Do you understand what I am saying?
Yes, I do. Now what?
Would you like to make a statement?
I have already told you. It’s not my fault that my lights have been stolen.
OK. You can pay the warning fine on the spot. Otherwise we will have to report this offence to the Public Order Authority. They will send you the request for payment.
I do not have any money on me. Anyway, I am not paying anything.
In that case I would like to have your ID card, please.
I don’t have my ID card with me either.
Do you have any document to identify yourself? Perhaps a driver’s licence?
No, I don‘t.
What’s your name?
Burns.
OK, Mr Burns. I’m cautioning you that you must provide truthful information about your personal data. Otherwise you would be committing a further offence which is punishable by a substantial fine.
What is your full name, your date of birth and your permanent address?
My name is Michael Burns. I was born on 01.01.1990 and live at 10 Nord Street.
Thank you. One more question. Is that your cycle?
No, I got it from a mate.
My partner will check the frame number. Please turn the bicycle upside down and put it on the pavement.
(The partner writes down the frame number and gives it to officer Walter who checks the particulars of the cyclist and the frame number over the radio.)
(Officer Walter receives information that the bicycle was reported stolen a week ago and
Mr Burns is already in the police database because of multiple cycle thefts.)
Mr Burns, the cycle you are riding was reported stolen a week ago. Now you are a person accused of a crime. We are charging you with the theft of this bike. You do not need to comment on this accusation. You can contact a lawyer any time you wish. Do you understand?
I have nothing to do with it. I told you it is not my bike.
Would you like to make a statement?
No, I wouldn‘t.
Then let me tell you what will happen next. We will confiscate the cycle. My partner is preparing a written record of the confiscation. Would you please sign this? It states that you have given the cycle to us.
Yes, where should I sign?
Down here.
How can I explain to my mate that the police have taken his bicycle? I have nothing to do with it.
Within the next couple of weeks, you will receive a summons from us. Then we will investigate if you have something to do with the theft of this bicycle. Do you have any further questions?
No, can I go now?
Yes, Mr. Burns. I wish you a nice evening!
Yeah.