2.3. “Assault” - Vocal in Need

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.

Riot police officer Dahl is deployed at a stadium during an international soccer match in Berlin. He is standing by the police vehicle. A fan from the visiting team with an ordinary middle-class appearance approaches him and wants to report an assault. The assailant attacked the victim and beat him up because he was not wearing club colours. After that the assailant merged into the crowd.

My name’s Peter Smith. I’ve been beaten up.

Good afternoon, sir. I am Officer Dahl from the riot police. When did it happen? Do you know the offender?

It happened about two minutes ago. I don’t know the person, sorry.

Could you describe the culprit: estimated age, height, gender, complexion, colour of hair, distinctive features (glasses, beard, tattoos, fan merchandise)? What were they wearing or carrying?

It was a male fan from my team. He was in his thirties and about 180 centimetres tall. He was wearing a hoodie. He didn’t have a beard, but he was wearing sun glasses and our club colours (white and red hoodie, dark jeans and light-coloured shoes).

Did he have anything else with him?

Only a backpack, I think it was black.

We are starting searching procedures on the spot to apprehend the suspect. Are you injured? Do you need a doctor?

I have a bad headache. I think I should see a doctor.

I will call an ambulance for you. (The paramedics come and take care of the victim.)

Would you like to press charges?

Yes, sure.

Could I have an identification document to start with?

Certainly. Here you are.

I’ve just received some photos from my colleagues. I am going to show them to you. Perhaps you can recognise somebody. Here they are.

I recognise the person in picture 3. He hit and kicked me.

My colleagues have arrested the person you recognised. They will bring him to us so that you can have a second look. We must be certain that we have the right person.

But I don’t want him to see me!

Don’t worry. You will be sitting in our vehicle behind the tinted windows. Nobody can see who is inside. The suspect will be in front of the vehicle so that you can identify him.

I see. That’s him!

Mr Smith, you have clearly identified the suspect. Now we are going to question you as a witness of the incident. Do you agree?

But what about the game? I want to watch it. That is why I am here.

How long are you staying in the city?

I’m flying home tomorrow morning.

Okay. We will send the electronic report to the police station. Please go there after the game to complete it.

What else will happen at the police station?

They will interview you as a witness. In addition, you will need to sign a document to release the doctors from their medical confidentiality obligations and to file charges.

What does all that mean?

This will allow the doctors to give the police details about your injuries. And filing charges would start legal proceedings. It is the only way to guarantee law enforcement.

I see. I’ll go to the police station right away after the game and make my statement. Thank you very much.

Enjoy the game and have a safe journey home.

(The suspect is arrested. He is unsteady on his feet and quite aggressive. The database query identifies him as a fan prone to be violent.)

Sir, you are suspected of an assault. You were identified by the victim. You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to call a lawyer. You must give truthful information on your personal data otherwise you would be committing an offence. Do you understand what I say?

I didn’t do anything and I won’t say a word!

Please calm down. I assume you understood what I said. Is the information on your ID card up-to-date?

I’m not saying a word!!!

You seem to have been drinking. Do you agree to a breath test?

Whatever.

This is a mobile device to measure the amount of alcohol in your breath. Please unpack the mouthpiece and put it into the device, here at the top. Now start blowing into it till I say “stop”.

The device shows a value of 105 micrograms per 100 millilitres of breath. We need to take a blood sample.

What’s all this about? What do you want?

Sir, based on your behaviour and the records of the previous incidents in our database we have to take you into custody.

You can’t do that. I’ll miss the game!

I am afraid we can. Now we are going to the police station where a doctor will take a blood sample and check if you are fit to be questioned.

What’s that supposed to mean?

You are under the influence of alcohol and the doctor will decide if we can question you. Before we go, I would like to search your backpack. Do you have any dangerous items inside?

Take a look!

OK. My partner will search you now. Please stand up with your face to the vehicle and spread your legs. Stretch out your arms and put the back of your hands on the vehicle. Please cooperate and stay calm.

Sir, here is a list of the items we have found on you: cigarettes, a cigarette lighter, keys, a mobile phone etc. Please check if everything is correct. When you are discharged you will get everything back. Is everything correct? Please sign here.

I’m not signing anything!

Okay. I will record the fact that you refused to sign the list.

We are taking you to the police station now. We are not going to handcuff you. But if you do not cooperate, we will have to.

Whatever. Do what you want!

Sir, please follow me. The doctor is waiting for you.

By order of the prosecution, Dr. Blink will take a blood sample and check if you are fit to be questioned.

What’s the point? I didn’t do anything.

Sir, the doctor has decided that you are not fit for questioning. You will stay in custody till 10 o’clock tomorrow morning. We will then continue with the procedures.