Regulations of Official Agencies—Regulations on Measures of Protective Custody in Prussia (taken for the administrative gazette of the Reich [Reichsverwaltungsblatt] No. 9 of 2 March 1935.) The Prussian Prime Minister. Secret State Police Insp. 946/11 March 1934 Berlin, 11 March.
Subject: Order for measures of protective custody.
1. The previous executory regulations, applying to measures of protective custody are rescinded. In the future, limitations of personal freedom, according to article 1 of the decree for the protection of people and state of 28 Feb. 1933, may be ordered by the Secret State Police office, effective in the whole state, and by the governors and cabinet presidents in Berlin and by the state police offices for their local jurisdiction.
The present competency of the district police authorities [Kreispolizeibehoerden], namely the state counsellors [Land-rate], is no longer applicable for such measures. The measures previously ordered by them, become void after 31 March unless a prolongation has been ordered before then by the State [Landes] police authorities.
2. If protective custody has been ordered as a provisional measure because of suspicion of a criminal act, the decision of the court must be obtained immediately for infliction of legal detention for investigation, and in the case of a refusal of a legal warrant for arrest, the police measure is also to be rescinded, unless their continuation in exceptional cases appears justified for other reasons.
3. Limitations of personal freedom, which are ordered by the Ober—and Regierungspraesidenten, by the president of the police in Berlin and by the state police offices, become automatically void on the 8th day after the end of the day, on which the order for protective custody has been executed, unless the continuation of the protective custody has been ordered specifically by me upon appropriate request.
4. Every case of protective custody, ordered by the Ober and Regierungspraesidenten, by the president of police in Berlin and by the state police offices, is to be reported to me personally (address Berlin W 9, Leipziger Platz 11a) by Telegram within 24 hours, mentioning exactly: name, age, occupation, political standpoint: of the one affected, as well as the cause of the measure; also if necessary, the necessity for apparently appropriate limitation of freedom beyond 7 days must be justified.
5. Arrests, which do not fall under the designation "protective custody", may only be made by the authorities, legally appointed for them. But in this case, a legal warrant for arrest must be obtained under all conditions within 24 hours. If such a warrant for arrest is refused by the competent judge, or if it cannot be obtained within 24 hours, the affected one is to be released immediately or, if the arrest is to remain in effect, action has to be taken according to #3 and 4 (report by telegram within 24 hours to the prime minister).
6. In the future, I will punish the abusive use of the arrest mercilessly.
Agencies of the party and the associations may not make arrests. In case of disregard of this order, the competent authorities must take actions against it immediately, and must report to me at once.