What to do if a police officer is stopped in the street
Right / / January 06, 2021
Why can a police officer stop me?
According to lawFederal Law of 07.02.2011 N 3-FZ "About the police", a law enforcement officer can contact you:
- To stop the illegal act that you are committing.
- If there is a suspicion that you have committed a crime or are on the wanted list.
- If you are doing something that requires a permit or license - to check for these documents.
- When there is a reason to initiate an administrative offense case against you.
Yuri Telegin, leading lawyer of the European Legal ServiceIn terms of terminology, a police officer can stop a person only if he is moving in a vehicle. For pedestrians, all that was listed was grounds not for stopping, but for checking documents, or presenting any requirements, or inspection.
If documents okay, and you are not the wanted criminal, then you must be released.
So I have to carry an identity card with me?
There is no such requirement in the laws. You are not required to have with you identificationwhen you leave the house. If you carry your passport with you and are asked to show it, it is enough to show the document to the policeman. Handing it over is optional.
The very absence of a passport is not a reason for a fine or detention. But if the police need to establish your identity, and you do not have documents with you, you can be taken to the police station for up to 3Administrative Code of the Russian Federation Article 27.5. Terms of administrative detention hours.
Anyone in uniform can stop me. How do I know if this is a police officer?
If a police officer speaks to you, he mustFederal Law of 07.02.2011 N 3-FZ name your position, title, surname, inform the reason and purpose of the appeal. You can also ask him to show his ID.
If this is not done, he really is still "anyone in shape." In this case, you can call the police yourself and report that an unknown person forces you to show him your documents.
Can they search me?
SearchCode of Criminal Procedure Article 184. Personal search is allowed to be carried out only within the framework of an already initiated criminal case. But speaking in simple terms and not going into the intricacies of terminology, then yes, the police can ransack your pockets and view the contents of your bag.
It's important to understand the difference hereFederal Law of 07.02.2011 N 3-FZ between inspection and inspection. Inspection is voluntary. It is carried out when passing to guarded objects or public events. You can refuse, and you will get nothing for it. They just won't let you in.
Inspection cannot be refused. But there must be grounds for holding it. For example, if the police have information that you have illegal weapons or drugs, poisons or other illegal substances. You can only be examined by an employee of the same gender. The presence of two attesting witnesses and drawing up a protocol is mandatory.
By the way, about the witnesses. Can I be forced to be?
AskCode of Criminal Procedure Article 60. Understood they can, but they can't. So only agree if you are willing to spend your time and approach the process responsibly.
Do I have to unlock my phone at the request of the police?
No, this was confirmed by the Ministry of Internal AffairsThe published information about the checks by police officers of mobile phones of citizens is not true. And it’s absolutely impossible to read your correspondence without a court order. By the way, not only confidential information may be at risk. In Saratov, the police detained the violators and took their phones from them, ostensibly for verification. And then they translatedTwo former police officers accused of fraud to stand trial their money with the help sending SMS.
You really have to give the device, but you don't have to unlock it. However, if you have Face ID turned on, your active participation may not be required for this.
The policeman seems to be breaking the law. What should I do?
Remain calm and do nothing that would qualify as resistance. Otherwise, even if you initially did nothing wrong, at least an administrative offense looms here.Administrative Code of the Russian Federation Article 19.3, for which you can be fined 500-1,000 rubles or arrested for up to 15 days.
Yuri TeleginTry to record the actions of the policeman using video or audio recording. But at the same time, do not resist and fulfill his requirements. If possible, you should call the police and tell them about the misconduct, and notify someone you know who can contact a lawyer.
Everything sounds too rosy. Does it really work like that?
At least that's how it should be from the point of view of the law. How events will develop in practice is unknown. In any case, it is better to know about your rights. Sometimes this is enough to be treated with respect.
They still detain me. How to be?
For this case, Lifehacker has a separate large material. It says how to be and what to do.
Read also🧐
- When a police officer is authorized to check your passport
- How to behave with a transport controller if something went wrong
- What to do if you lost your documents while traveling abroad