Verdict of the Administrative Court of Augsburg

Veil searches require an increased abstract danger to be present. Such a danger is not present when a person merely happens to be in one of the places named in the law, such as border areas, motorways, through streets, rail stations or airports.

Humanistische Union, 2006

A case of the Administrative Court of Augsburg documents the use of racial profiling in the course of veil searches. The case was ruled on the basis of a verdict of the Bavarian Constitutional Court. The plaintiff, an accredited lawyer, was subjected to a police check without reason for suspicion. His older car and his hairstyle appear to have been the reason for the search. The police officers demanded his driving licence and registration papers, and then proceeded to search the interior of the vehicle without the plaintiff’s permission. Despite knowing that the man was a lawyer, they did not end the search, but extended it to his briefcase. The Administrative Court of Augsburg ruled that once the plaintiff’s occupation was known, there was no legitimate reason to assume that an increased abstract danger was present.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011