Despite the consonance of the names, legal search and inspection of the vehicle are completely different procedures. But drivers and ordinary citizens often do not attach much importance to this. What is vehicle inspection and inspection? What is the difference between them? What grounds can the traffic police officer have for their implementation? Who and under what conditions can carry out these procedures? A detailed explanation of these concepts, their differences, as well as answers to many questions will be presented in today's article.
What if the traffic police inspector asks to show something in the car?
First of all, in order to understand the difference between a vehicle’s inspection and inspection, it is necessary to give an example of a situation that can arise with absolutely any driver while driving a vehicle.
The traffic police inspector slows down a passing car for an ordinary check of documents: driver’s license, insurance and STS. Every driver of the traffic police is most likely ready for such actions. But what to do if suddenly a traffic police officer asked to open a glove box or trunk. What to do if employees say they need to inspect the hood? The driver is not required to fulfill all the requests of the traffic police inspector, including showing his things and opening everything at his request, no matter where he stopped the vehicle for inspection - in the city, on the highway or on a country road.
An inspector, without proper clearance, has no right to demand to show what is in the trunk or glove compartment, and also to open the doors of the passenger compartment. But the driver needs to raise the hood without any obstacles so that the traffic police officer can verify the number indicated in the STS and the number on the body. In all other cases, the traffic police officer makes an attempt to search. And this procedure has its own characteristics. And in order to understand how the inspection differs from the vehicle inspection, you need to analyze both procedures in more detail.
Vehicle inspection
Inspection is only a visual examination of the car, i.e. The traffic police inspector can inspect the visible parts of the vehicle to verify the number or register the car. In the case of a simple inspection, the driver may offer to look into the car through the side windows of the doors to allow the employee to inspect the internal contents. But he should not touch anything and ask him to get out of the driver’s car or show something.
The driver can sit in the car and not interfere with his inspection, even when it is necessary to open the hood. When reconciling the numbers in the documents and under the hood, if the body number is dirty, it is also illegal to request that the driver of the vehicle be washed. If you recall, when registering a car, when a state technical inspection of the vehicle is carried out, none of the traffic police ask the driver to demonstrate the contents of the car. As a rule, after inspection, no documents are issued. In this example, an employee asked to show the contents of the car, more precisely, the trunk and the glove compartment. If such requirements have arisen from the traffic police inspector, then in this situation, you must safely demand that you draw up a protocol, call two witnesses to carry out this procedure, or ask everyone to record everything on a video fixation tool.
If a traffic police officer begins to claim that this is not an inspection, but a routine inspection, you should not listen to him, he is telling a lie. From the above it becomes clear that the differences between inspection and inspection are very significant. However, if the driver refuses to inspect for any reason, the traffic police inspector has the right to conduct a full inspection in the future, not forgetting the rules for conducting it with all the necessary paperwork. The driver’s main thing to remember: at the request of the traffic police officer to show the contents of a stopped car, this is not an inspection, but an inspection.
Vehicle inspection
Vehicle inspection is a type of check in which the contents of a vehicle are examined in detail. During its implementation, a protocol is drawn up and at least two disinterested witnesses must be present (necessarily adults). However, the law also provides for another situation where the inspector, when conducting a vehicle inspection, must record all his actions on video. In this case, the search of the car can only be carried out in the presence of the owner.
The traffic police inspector should not touch anything, but at his request, the owner of the car must open both the glove compartment and the trunk, or even move some thing. Otherwise, the employee searches, and only the court can give permission to him.
When there is an understanding of how the inspection differs from the inspection of the car, you can evaluate the legitimacy of the actions of traffic police inspectors.
If you are required to show a fire extinguisher (first aid kit), you also need to ask for a protocol, involvement of witnesses or video recordings. If the traffic police officer does not draw up a protocol and is not busy searching for witnesses, then he unlawfully delays you, which you can safely tell him about.
Grounds for inspection and inspection of the vehicle
The traffic police officer must have certain reasons for the inspection and inspection of the vehicle.
For inspection:
- Orientation to a stopped car.
- The cargo does not match what is stated in the documents.
- Verification of the body number of the stopped car and the number in the STS.
- Operation of the vehicle is prohibited due to any breakdown.
For search:
- Administrative violation by the driver driving the car.
- Information on suspected transportation of prohibited items - military weapons, drugs and other things.
Inspection is carried out in the presence of the person managing the vehicle, or the person accompanying the transported goods. With this procedure, the structural integrity of the inspected vehicle must not be violated.
As it became clear, the inspection and inspection of the car has a noticeable difference, and each driver should know it. Drivers and just citizens should exercise their rights. Unscrupulous employees may be tricky and try to pass the inspection procedure for inspection and conduct it in an inappropriate way. What else should you know? In addition to inspection and inspection, there is another procedure called a search. It differs significantly from the aforementioned manipulations of the traffic police officer. The search is already a more serious test, only a court can give permission. If the inspector himself tries to find something, opens luggage in the car, then this is no longer an inspection and inspection, but a search.
What if an attempt is made to search without witnesses?
Of course, you should not go on about too cunning public servants. You can protect yourself from illegal actions by demanding to call witnesses. If the inspector refuses, then the search can also be denied. If the rules are not respected by the traffic police officer, for example, he began an inspection without a protocol or involvement of witnesses, then punishment should be imposed on him, because he exceeded his authority. It is worth immediately contacting by phone 102. It is not recommended to discourage ourselves in this situation. It is better to bring witnesses to further testify and start filming all the actions of the traffic police officer. After filing a situation, there will be only 10 days to file an application with a complaint to the prosecutor’s office and the court about unlawful actions of the traffic police inspector.
Human search
It is also necessary to consider an example when the inspector asked to show the contents of the pockets of the driver, the driver of the vehicle, or the passengers of the same car. It must be noted right away - he has no right to demand this either from passengers or from the driver himself, because this is a personal search and should be carried out according to several other rules. To avoid such unlawful situations, it is worth analyzing the concepts - inspection and inspection of a person.
The Federal Law "On Police" says that police officers are allowed to conduct personal searches and searches of vehicles and things that are with citizens if they have information that these people have prohibited things - military weapons, explosives, drugs poisonous or radioactive substances. The above suspicions are necessary for conducting a personal search.
They have the right to conduct searches both by air (aircraft, helicopters), and by water transport (ships, boats, yachts, etc.), in trains and trains to seize prohibited items. Therefore, officials of the Ministry of Justice, FSB officers, and drug control officers are allowed to conduct personal searches and searches.
A personal search is a study of a person, his personal belongings and clothes, in an attempt to detect objects or documents that violate the law. Inspection and inspection of the car have a number of rules for conducting. Let us dwell on the second in more detail.
During a personal search, the inspector draws up a protocol and attracts disinterested witnesses. In very rare cases, the procedure can be performed without witnesses, if there is a suspicion of the presence of weapons in the searched person. The inspector and witnesses must be of the same sex as the citizen whose inspection is carried out. If the inspected person is a child, then his legal representative must be present. The person whose search will be carried out, the employee must explain the basis of the procedure.
The protocol includes all items of clothing and valuables that were being searched. You can also take photos and videos, and this also needs to be documented. When screening, you should report a health condition, such as a serious illness such as pancreatitis, or pregnancy. To confirm the words, employees can contact medical institutions where the inspected person is registered. At the request of the inspected person, police officers must issue a copy of the protocol.
Personal inspection
You also need to know the difference between inspection and inspection. You can easily explain it with the example of a security guard in a store. This is the most obvious example of a personal inspection that every citizen most likely encountered, possibly without even knowing about it. He stands at the exit of the supermarket and must detect unpaid goods, simply put, make sure that people do not steal.
A personal examination is a voluntary procedure that represents an external observation of a person. You can refuse it, and from the demonstration of their things, too. The guard does not have the right to touch the personal belongings of a person, he can only ask to show them. But he has no right to demand. If the inspector has established the fact of theft by a citizen leaving the store, he can call the police, and she, in turn, can arrange an inspection. Police officers are empowered to do so.
Baggage check
During the inspection and inspection of things - examine hand luggage, luggage and other goods carried. In the protocol during the inspection of baggage, it is necessary to indicate all the distinguishing features of the checked things, all those who were present during the procedure and its results. What is the difference when inspecting and inspecting baggage?
Inspection is a visual inspection of personal items and baggage, not violating their integrity. Often it is carried out using equipment that scans bags and suitcases. A good example of such an inspection of baggage and things is a scan at the airport when a person is flying somewhere. Things are checked through a special device. He has a moving tape on which luggage is put for inspection, and a specialist sits behind the monitors and examines the contents. At the customs inspection, the presence of the luggage owner is not necessary, as while no one opens the suitcases and bags.
Baggage inspection is much more serious than a simple inspection. With this procedure, suitcases, packages are opened, and the integrity of some things will probably be violated. Inspection is carried out only if an offense is suspected, i.e. the employees have good reasons that the transportation of prohibited goods or their concealment is carried out in order to avoid paying a duty. In contrast to the inspection, the inspection is carried out only in the presence of the owner of things or, if it is notified, but did not come to the inspection. An exceptional situation is a security risk. This check should have two independent witnesses.
Premises check
Article 25 of the Constitution of the Russian Federation provides for the inviolability of the premises. Entry into the home of persons without permission of residents is expressly prohibited. With illegal entry into foreign territory, criminal liability may be established. An exception to enter a dwelling without the permission of the owners may be a court permit or cases established by the Federal Law of the Russian Federation when it is necessary to protect the legitimate interests of citizens.
Procedures such as room inspection and inspection are surveys of homes, work offices, or scene of an accident. It is held before the opening of the criminal case, to detect traces of violations or clarify the circumstances of the offense.
Inspection of the house can only be done with the permission of the owner or by order of the court, as well as if the case is urgent. In the latter case, the investigator must notify the prosecutor and the court within 24 hours.
In what situations can a police officer enter a private room without permission from the owners?
- If there is a threat to the health and life of specific people.
- When detaining persons who have committed or are suspected of committing a crime.
- To prevent crime.
- When clarifying the circumstances of the accident.
The court decision may always be appealed by the owner of the inspected premises to higher authorities. If the police came home after a complaint from neighbors, for example, about loud music, or to identify people living without registration, then a police officer can come in only with the permission of the owner.
A distinctive feature of the inspection of the premises is that you can not touch anything, move furniture, open cabinets and cabinets, i.e. to search. This is permitted only during a search. If, nevertheless, during the search any evidence was searched, then in the future they can be declared invalid in court.
What is the difference between inspection and inspection of premises? There is also no need to institute criminal proceedings for inspection. It is carried out on the basis of suspicion of an administrative violation. The inspection officer cannot open the closet or bag himself, but may ask the landlord to do so. He himself should not touch things. If a police officer who inspects or searches picks up things or opens something, then he exceeds his authority, and it is necessary to inform the higher authorities about this. As mentioned above, you can start taking photos and videos of illegal actions, but personally discouraging is not recommended.
