The order to leave a premises is one of the most common instruments used by the police to prevent danger. It prohibits a person from remaining in a specific place for a certain period of time and thus infringes upon the freedom of movement (Article 2, Paragraph 2, Sentence 2 of the Basic Law). Especially at assemblies – often accompanied by identity checks, detention, or identification procedures – it is common practice and therefore also affects the freedom of assembly (Article 8 of the Basic Law).

A concrete danger emanating from the individual concerned is required; a blanket approach against many or reliance on past behavior does not justify a removal order. Furthermore, formal requirements apply regarding effective notification and – if enforcement involves direct force – proper prior warning.

In practice, orders to leave a premises often fail to withstand judicial review. Since they regularly become moot before preliminary injunctions can be sought in administrative courts, judicial review usually occurs retrospectively by way of a declaratory judgment action – also to eliminate continuing consequences such as data storage.