A personal search differs from a personal search. What to do if a police officer does not follow the law? Inspection and inspection - what's the difference?

Often, a traffic police officer demands that you provide the car for inspection (open the trunk, check engine and body numbers, inspect the interior, etc.). At the same time, employees call the same action differently - inspection or inspection, which drivers do not pay attention to.

But these concepts, despite their consonance, have completely different legal meaning. In the article we will look at the concepts of “inspection” and “inspection” of a vehicle and what differences they have.

Inspection

Basic regulations regulating traffic(COAP and SDA) do not contain the concept of inspection. This definition is in the bylaws Administrative regulations Ministry of Internal Affairs, which regulates traffic control.

A vehicle inspection is a visual examination of the vehicle itself and the cargo carried by the vehicle.

• An inspection can only be carried out in the following cases:
• traffic police officers have information (orientations) that the vehicle or the cargo being transported is being used for illegal purposes
• the need to check the vehicle markings with the entries in the documents

a traffic police officer identified signs of discrepancy between the transported cargo and the data specified in the documents

Search

• The concept of inspection is provided for in the Code of Administrative Offenses. Inspection is an examination of a car, which is carried out without violating the integrity of the car’s structure to detect instruments or objects of an administrative offense. The above regulations indicate the reasons for the inspection: exist
• objective reasons , suggesting the presence of instruments or objects of committing an offense, as well as their traces there is evidence that the car contains ammunition, guns, cartridges,
• explosives , psychotropic, narcotic, poisonous or radioactive substances a person detained in accordance with

administrative procedure

, was in this car Inspection and inspection - what's the difference? The first thing you need to pay attention to is changes in legislation on these concepts. Until 2012, there was a rule according to which, if the driver refuses an inspection, a traffic police officer has the right to conduct an inspection of the vehicle. Supreme Court this norm, however, traffic police officers still resort to it due to the legal ignorance of many drivers.

It also follows from the above that the traffic police officer does not have the right to demand, for example, to open the trunk or present a fire extinguisher and first aid kit, but drivers also forget about this or simply do not know.

Besides, Supreme Court obliged the traffic police to document in writing not only the search, but also the inspection, that is, when conducting an external inspection of a car, a traffic police officer must draw up an inspection report, which is not always carried out.

Another difference between an inspection and a car inspection is the procedure for carrying out the procedure. For inspection, the presence of a driver is important; during inspection of the car, he may be absent. But during the inspection, the presence of the owner of the car is necessary (this condition will be significant if, for example, vehicle managed by a person by proxy).

When conducting an inspection of a car, a traffic police officer is required to draw up an inspection protocol, and he must do this immediately before the inspection procedure itself. The law also provides that the search may be carried out only if there are witnesses(at least two) or the procedure must be recorded by video. If these conditions are not met, the actions of the traffic police can be appealed administratively, since they fall under the article “Arbitrariness”

Video: AutoRadio - The difference between inspection and search

It should be noted that in 2019, the legislation did not make changes to inspection and inspection procedures, so drivers should not worry about any new standards, as well as provocations from traffic police officers.

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One comment

This is according to the law, but in reality it happens completely differently: if you start pointing out to the inspector his illiteracy, then INSPECTION immediately turns into INSPECTION, and the inspection procedure is carried out with the opening of panels, door trim, and the inspector does (breaks) all this with his HANDS . There is a video on the Internet where an inspector literally tore off the trim on a BMW door and the driver was unable to close the door after that. To the question: How should he drive... The inspector replied that this is not his problem... The driver filed a lawsuit, but the inspector’s actions were recognized as LEGAL!!! So choose what’s better: KEEP SILENT and save your nerves and time, or SHOW your knowledge and lose not only time, but get a disassembled car? Maybe first we should ensure that both car owners and traffic police inspectors are equal before the law...

Question:

What is the difference between a personal search and personal search?

Answer:

The distinction between a personal search and a personal search should be made on the basis of their conduct, regulation in legislation and internal content these actions.

So, Personal inspection regulated by Article 27.7 of the Code of Administrative Offenses Russian Federation And is an examination of things carried out without violating their structural integrity in order to detect the instruments or objects of an administrative offense.

In turn, the grounds and procedure for conducting a personal search are regulated by the Criminal Procedure Code of the Russian Federation. According to Art. 184 of the Code of Criminal Procedure of the Russian Federation, a personal search is carried out if there is sufficient information to believe that in any place or on any person there may be weapons of crime, objects, documents and valuables that may be important for the criminal case, in order to detect and seize them .

The main difference here is that a personal search is carried out in cases of administrative offenses, and a personal search is carried out during criminal proceedings in relation to special subjects, namely a suspect or accused.

For conducting a personal search, the presence of an instituted criminal case is not considered prerequisite its implementation. Thus, a person who was caught committing a crime or immediately after its commission may be subjected to a personal search; indicated by victims or eyewitnesses as the person who committed the crime; and also in the case when obvious traces of a crime are found on a person or his clothing, on him or in his home.

Regarding the subjects of conduct, these actions differ in that personal searches have the right to be carried out by officials specified in 27.3 of the Code of Administrative Offenses of the Russian Federation, and personal searches are entitled to be carried out by persons conducting preliminary investigation in a criminal case.

It is worth emphasizing that employee requirements shopping centers, supermarkets, grocery stores etc. showing them the contents of things, clothing, hand luggage that are on the person is illegal. Only the officials named in the Code of Administrative Offenses of the Russian Federation are authorized to conduct a personal search in these cases. Therefore, in such cases, the citizen has every right do not obey illegal demands employees of these organizations.

By general rule a personal search is carried out on the basis of an investigator's order. At the same time, the law establishes a number of cases in which the presence of this resolution is not required, namely when a person is detained, taken into custody, and also if there is sufficient grounds believe that a person who is in the premises or other place where the search is being carried out is hiding on him or her objects or documents that may be important for the criminal case.

A distinctive feature of a personal search is that it can be carried out in parallel while implementing another investigative action. For example, when conducting a search in a home, if there is sufficient evidence to believe that the person in this home is hiding objects or documents that may be important for the criminal case.

As with a personal search, a personal search of a person is carried out only by a person of the same sex and in the presence of witnesses and specialists of the same sex, if they participate in this investigative action.

In the case when a personal search occurs during a search of a home, to carry it out a court decision is needed . However, a separate court decision In this case, a personal search is not required. Therefore, its conduct during a search of a home will be legal if the procedure for obtaining a court decision to conduct a search of a home is followed. In all other cases, a personal search is carried out without a court decision.

When conducting a personal search, a separate protocol may not be drawn up in the event that a personal search was carried out on the grounds provided for in Part 2 of Art. 184 Code of Criminal Procedure of the Russian Federation. Data on the conduct of a personal search are entered into the protocol of the corresponding investigative action (protocol of detaining a person or taking him into custody, as well as the protocol of a search of a home).

In turn, a personal search is carried out without the preliminary issuance of a decision by the inspection person.

Both a personal search and a personal search are carried out by a person of the same sex as the person being searched or searched in the presence of two witnesses of the same sex. IN exceptional cases if there are reasonable grounds to believe that individual there are weapons or other objects used as weapons, a personal search or search can be carried out without the participation of witnesses.

When a state traffic inspector stops a car and is about to check it and the driver, it is important to know the differences between a search and an inspection of a vehicle in order to adjust your actions and communication with the inspecting traffic police officer. Vehicle inspection is visual examination, without opening the doors and looking at the interior. The inspection allows you to examine the car completely without violating its structural integrity.

How to behave during inspection and search, what rights the driver has in each of the procedures and the consequences of these measures - these issues should be carefully studied by each driver to avoid unpleasant proceedings with the traffic police.

Features of the inspection

When examining the contents during inspection, the inspector should not touch the driver’s belongings or items entrusted to him as cargo.

During the inspection, unauthorized entry into the vehicle interior is not permitted. In other words, the inspector only visually inspects the vehicle without touching or opening anything.

Unfortunately, most drivers are little familiar with the rights and responsibilities of traffic police officers, allowing entry into the car without legal grounds.

1. Inspection is permitted in the following situations: It is necessary to check the compliance of license plates with the information in registration documents
2. per car. If VIN verification is carried out, the driver must personally open access to the information on the body, without allowing the inspector to enter the car. The inspector received operational information
3. about the theft of a vehicle with similar characteristics or about the transportation of prohibited cargo. If there is reason to believe that the cargo does not correspond to the information available for it accompanying documents

(transportation rules were violated, there are differences between the actual and declared size of the cargo).

In 2012, the preparation of a protocol during an inspection became simplified. A more accessible lightweight version of the form has appeared, but in practice not all inspectors use it.

1. The inspection report must include the following information:
2. Date of inspection, location.
3. Information about the employee who conducted the inspection.
4. Information about witnesses.
5. It is clarified whether documents were drawn up for photo and video recording of the review.

The main characteristics and features of the machine and cargo are described.

Search Behavior Situations Unlike inspection, which is not defined in the legislation, the concept of inspection is defined provisions of the Code of Administrative Offenses

. Inspection is the examination of a vehicle in a more thorough manner, while maintaining the integrity of the vehicle’s structure.

The inspection gives the inspector the authority to open the doors and trunk, and to conduct it, the presence of witnesses is required. The procedure involves mandatory preparation

The following circumstances may force a driver to undergo a legal search:

1. The inspector has sufficient objective grounds to suspect that the driver has committed an offense (for example, when transporting weapons, drugs, contraband, etc.).
2. When it is established that the driver has committed an administrative offense (cases of driving while drunk).

It should be borne in mind that the inspection necessarily requires the presence of the owner if the vehicle was driven by another driver by proxy. Before conducting an inspection, the inspector must contact the owner and clarify his location and the possibility of arriving for the inspection.

It is also necessary to distinguish between a vehicle search and a personal search. If the inspector demands to empty your pockets, we are talking about a personal search, which is carried out only if there are serious suspicions. During a personal search, a protocol must also be drawn up.

Driver's license during inspection

When a traffic police inspector stops a car and asks for access to one or another part of the vehicle, you should clarify what the grounds for examining the car are. Neither checking the fire extinguisher nor checking the first aid kit is considered a sufficient justification for carrying out these actions.

If the inspector does not draw up a report, all he can require from the driver is the presentation of documents. All other actions of the inspector can be attributed to acts of arbitrariness, which is punishable by very serious punishment, including the dismissal of the employee.

Video about inspection and inspection procedures

It is necessary to distinguish between the concepts of inspection and inspection, requiring the inspector to comply with the boundaries of his powers. It is important to remember that a traffic police officer has no right to touch any personal belongings, since in this case his actions will be qualified as a search, and it is carried out only if a warrant is available and presented to the driver.

01 Sep 2010 09:46

The woman, without buying anything, headed towards the exit of the supermarket. On her way out, security guards stopped her and asked her to give up what the woman was trying to steal from the store. Naturally, a storm of indignation followed; the woman was indignant that she was suspected of something she had not done. Then two security guards snatched the woman’s handbag, and while one of them was shaking the contents of the handbag onto the table in full view of all the store’s customers, the other was searching for allegedly stolen goods on the woman’s body and clothes. Having found nothing, the guards returned all her belongings to the woman and told her she could go. The woman left silently.

This is where the story ends. But it could either not begin or end completely differently. All inspection and search actions of the security guards were illegal and are the exclusive prerogative of the employees law enforcement, as well as officials specified in the law. But police officers very often abuse their search and search powers.

So, in order. The law does not contain a specific concept of a personal search (as well as the concept of a personal search). It is derived from the essence of the action performed and the goals of its implementation. Therefore, a personal search is the actions of authorized officials aimed at detecting instruments or objects of commission. In other words, if a police officer reached into your pocket, this action is recognized personal search. The concept is characterized a little differently personal search- this is an investigative action aimed at finding and seizing objects, documents, valuables that may be important for a criminal case and that are on the person being searched, including in bags, briefcases, packages, etc. that belong to him.

To better understand the differences between a body search and a personal search, we invite you to review these differences in the following table.

Table 1. The main differences between a personal search and a body search

In contrast to the above categories, the law defines the concept inspection of things in possession, - an examination of things carried out without violating their structural integrity, carried out if necessary in order to detect the instruments or objects of an administrative offense. In other words, when a police officer opens your travel bag, which contains clothes, and begins to take out all the contents, then these actions are recognized as an inspection of things that are on an individual. Naturally, all this should happen without any violation of the constructive or other integrity of the things being inspected. IN otherwise such actions are recognized as causing harm to the property of a citizen. The person carrying out the inspection of things may be held liable, even criminally. Therefore, if your things are spoiled or damaged, then you have the right to demand compensation from the police officers for the damage caused.

The subject of inspection of things can be any thing that is in the possession of an individual, that is, with you. The law does not provide exhaustive list such things, however, mention is made of hand luggage, luggage, hunting tools and fishing, extracted products, etc. Thus, the legislator makes it clear that absolutely any thing that is on you can be searched, regardless of whether it is directly a weapon or another item used as a weapon, or whether an individual is hiding a weapon in this thing.

The procedure and rules for carrying out a personal search and examination of things in the possession of an individual are set out in Art. 27.7 Code of Administrative Offenses of the Russian Federation. A personal search is carried out by a person of the same sex as the person being searched in the presence of two witnesses of the same sex. This is a very important guarantee of respect for human rights. Non-compliance of this rule is gross violation human rights and entails liability, including criminal liability. Therefore, require that the body search be carried out by an employee of the same gender (this is especially true for women).

The law provides for personal searches and searches of belongings With mandatory presence at least two witnesses. There are exceptions to this rule. Witnesses may not be involved in a personal search only in exceptional cases and if there are sufficient grounds to believe that an individual has weapons or other items used as weapons. The law, unfortunately, does not name cases that can be considered exceptional. Therefore, in this regard, in practice, you can encounter abuse by police officers. However, the exceptionality of the case must be proven, therefore, in the protocol on the personal search, a police officer or other authorized executive must indicate why the personal search or search of things was carried out in the absence of witnesses (for example, the protocol may indicate that the search was carried out in an area where it is impossible or difficult to attract witnesses - outside settlements, in open waters, etc.).

Personal search and search of things in the absence of witnesses is carried out in the presence of another mandatory feature: the presence of sufficient grounds to believe that an individual has weapons or other items used as weapons. There is also room for abuse here. The law does not establish how to determine the sufficiency of these grounds. However, as in the case of delivery and detention, sufficiency must be clear: the presence certain information from eyewitnesses, other persons, the person is wanted, he is suspected of having a weapon, etc.

The entire process of personal search and inspection of things is recorded in one of three ways:

1) a separate protocol is drawn up on the conduct of a personal search or search of things;

2) an appropriate entry is made about the personal search or inspection of things in the delivery protocol;

3) an appropriate entry is made about the personal search or search of things in the protocol on administrative detention.

When carrying out a personal search and search of things, if necessary, photography, filming, video recording, and other established methods fixation physical evidence. This is another way to obtain evidence of the commission (or non-commission) of an administrative offense. In the protocol, if a survey was taken, this fact must be indicated, and the materials obtained during the survey must be attached to the protocol. Therefore, if a police officer commits a personal search and search of things misconduct film and other media that record the process of personal search and search of things will become another piece of evidence when appealing against the actions of a police officer.

It must be remembered that, having signed the protocol, you have the right to demand that a copy of this protocol be provided to you. You should also know that the law does not oblige the police officer to provide you with a copy of the protocol if you do not request such provision.

A personal search and search of things in the possession of an individual take place as part of the proceedings in the case of administrative offense and are measures to ensure proceedings in a case of an administrative offense. Therefore, their production is carried out in the presence of the same grounds as for delivery or detention (they are discussed above). In contrast to these measures, a personal search is an investigative action within the framework of a criminal process (not always within the framework of a criminal case) in relation to special subjects: a suspect or accused. Let us remind you that a person is recognized as a suspect:

1) or against whom a criminal case has been initiated on the grounds and in the manner established by Chapter 20 of the Code of Criminal Procedure of the Russian Federation;

2) or who is detained in accordance with Art. Art. 91 and 92 of the Code of Criminal Procedure of the Russian Federation;

3) or to whom a preventive measure has been applied before charges are filed in accordance with Art. 100 Code of Criminal Procedure of the Russian Federation;

4) or who has been notified of suspicion of committing a crime in the manner prescribed by Art. 223.1 of the Code of Criminal Procedure of the Russian Federation (occurs if a criminal case has been initiated upon the commission of a crime and during the investigation sufficient data has been obtained giving grounds to suspect a person of committing a crime).

The accused a person is recognized in relation to whom:

1) a decision has been made to charge him as an accused;

2) an indictment has been issued.

A personal search is possible only in relation to these persons and no others! If you have been subjected to a body search and are not a suspect or accused, then these actions are illegal. You can appeal them, and the person who performed the personal search may be held accountable.

The rules for conducting a personal search are contained in Art. 184 Code of Criminal Procedure of the Russian Federation. The basis for conducting a personal search is the presence of sufficient data to believe that a person may have weapons of crime, objects, documents and valuables that may be relevant to the criminal case. The peculiarity of a personal search as an investigative action is that it can be carried out in parallel while carrying out another investigative action. For example, when conducting a search in a home, if there is sufficient evidence to believe that the person in this home is hiding objects or documents that may be important for the criminal case.

As with a personal search, a personal search of a person is carried out only by a person of the same sex and in the presence of witnesses and specialists of the same sex, if they participate in this investigative action.

If a personal search occurs during a search of a home, then a court decision is necessary to carry it out. However, as such, a court order is required to search a home. Therefore, conducting a personal search during a search of a home will be legal if the procedure for obtaining a court decision to conduct a search of a home is followed. In all other cases, a personal search is possible without a court decision.

Before conducting a personal search, the person conducting the preliminary investigation shall issue a corresponding resolution. The law provides for an exception to this rule (Part 2 of Article 184 of the Code of Criminal Procedure of the Russian Federation). A personal search may be carried out without a corresponding order:

1) when a person is detained or taken into custody;

2) if there are sufficient grounds to believe that a person who is in the premises or other place where the search is being carried out is hiding objects or documents that may be important for the criminal case.

In all other cases, the publication of a corresponding resolution is mandatory. Failure to comply with this rule is a violation procedural legislation, the consequence of which will be the inadmissibility of evidence obtained during these investigative actions.

A protocol on the conduct of a personal search by the person carrying out this investigative action is drawn up in accordance with Art. Art. 166 and 167 of the Code of Criminal Procedure of the Russian Federation. The protocol must indicate in what place and under what circumstances the objects, documents or valuables were found, whether they were handed over voluntarily or forcibly confiscated. All seized items, documents and valuables must be listed with precise indication their quantities, measures, weights, individual characteristics and, if possible, cost. If during the search attempts were made to destroy or hide objects, documents or valuables to be confiscated, then an appropriate entry about this is made in the protocol and indicated Taken measures. A separate protocol may not be drawn up if a personal search was carried out on the grounds provided for in Part 2 of Art. 184 Code of Criminal Procedure of the Russian Federation. Data on the conduct of a personal search are entered into the protocol of the corresponding investigative action (protocol of detaining a person or taking him into custody, as well as the protocol of a search of a home).

As mentioned above, a personal search is carried out by the person conducting the preliminary investigation. However, there are cases when the law establishes other persons who have the right to conduct a personal search. This applies to employees of places of detention of suspects and accused. Based on Art. 16 Federal Law dated July 15, 1995 N 103-FZ “On the detention of suspects and accused of committing crimes” Rules internal regulations in places of detention of suspects and accused of committing crimes, it is established mandatory personal search.

The rules for conducting a personal search are established by Order of the Ministry of Justice of the Russian Federation of October 14, 2005 N 189 “On approval of the internal regulations of pre-trial detention centers of the penal system.” In accordance with this Order, suspects and accused persons admitted to pre-trial detention center(hereinafter referred to as the pre-trial detention center), are subject to a full personal search, carried out in order to detect and confiscate from them items, substances and food products that are prohibited for storage and use or that do not belong to to this person. A full search is also carried out before being sent outside the pre-trial detention center, as well as when being placed in a punishment cell. A full search is accompanied by a thorough examination of the person being searched, his clothes, shoes, and prosthetics. Suspects and accused are asked to completely undress. Adhesive stickers, plaster casts and other dressings are checked under control medical worker. If objects are found sewn into clothing, the fabric is ripped open. Arch supports and metal heels are removed from the shoes.

In places of detention of suspects and accused of committing crimes, an incomplete personal search is provided. An incomplete search is carried out when suspects and accused are removed from the pre-trial detention center (in medical unit, for a walk, to a photofingerprint specialist, investigator, interrogator, before and after a meeting with defense lawyers, relatives and other persons, when transferred to another cell, etc.). During an incomplete search, the clothes and shoes of the person being searched are examined and felt without undressing him.