Police Discretion in a Continental European Administrative State: The Police of Baden-Wurttemberg in the Federal Republic of Germany

In a West German state, the practical problems of governing and policing are similar to those found in the United States. Assuming legislative enactments of limited scope, how are these translated into operational policies as a general matter and applied in enforcement decisions at the individual level?' This article seeks to capture the institutional and operational essence of police discretion in West Germany by reference to three specific inquiries that look beyond the substantive law that empowers some action: (1) who makes a