When you are asked to open the hood, trunk or car doors

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Artem Kovalev

Expert in the field of criminal, administrative and civil law. Specializes in military crimes and crimes in the financial sector

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When you are asked to open the hood, trunk or car doors

Reading time: 5 min.

"You are asked to open the bonnet or trunk. Can you get out of the car ?: valuable information, how not to get caught on the illegal actions of police "garbage". For who knows their rights - they will never be robbed

You are asked to open the bonnet, trunk or car door.

- Ask the inspector to present a service certificate, item 2.4 of the DAP (to record his data)

- After the inspector has offered you to open the hood, trunk or car door, politely ask him to make a review protocol (Article 27.9 of the Administrative Code) and request two understandings.

Moreover, it does not matter at all, it happens on a stationary post or in deaf steppes. In Section 2 of the PDR "Driver Duties" this is not indicated as compulsory execution, simply by the verbal request of the inspector.

- If the inspector substitutes the concept of "review" and "review" - he is cunning.

Tell him that the review is technical or visual. If he wants to look at the car outside, and the interior through the side windows.

- At the same time, the inspector does not have the right to require you to unpack the pockets or contents of the handkerchief. This applies to personal care and is regulated by Article 27.7 of the Code of Administrative Offenses.

A personal review is carried out by a person of one sex with a person in the presence of two persons of the same sex under the personal review protocol.

- Review of the car without a protocol and without the qualified qualify Article 19.1 of the CoA "Self-rule". If the inspector unilaterally opens the interior of the cabin or trunk lid, rides in a glove box, then immediately call "102" and report an illegal search in your car.

- The search for the understudies lies entirely on the shoulders of the traffic police officer. After 5 minutes of inactivity of the inspector, tell him that if he continues to detain you, then a call to "102" will be made with a story about violation of Article 12.35 of the Administrative Code "Not a legal restriction of the rights to drive vehicles"

- If you decide to open the trunk, solely at the oral request of the inspector, remember that you do it at your own risk. There were occasions when after this, "suddenly" was a cartridge from a pistol or white powder in a bag, allegedly "accidentally" found under the path. The plan of "disclosure" no one canceled.

- There is a "cunning" reception of the inspector: after refusing to open the trunk without a report of inspection, you are asked to show an emergency stop sign (first aid kit, fire extinguisher), so that you, having opened the trunk, got them.

We ask the inspector to indicate the article number of the DRA, which obliges you to show the presence of necessary. There is no such article. We remind the inspector that when you were leaving, all these items were present and were lying in the trunk of the car.

He wants to make sure in person - let's make a review protocol and you open the trunk. Next we act in accordance with Chapter number 16 "Inspector wants to check the technical condition of the car"

In the 10-day period, we send a complaint to the IDPS

Clarification:

It is necessary to know that Article 27.9 of the "TP Review" Code obliges police officers to inspect the car in your presence. The inspector can only ask you to push the package in the trunk or lift the casing in the back seat. But, in no case has the right to do it with their own hands.

Otherwise, by law, these actions qualify as a search. The right to search provides a court order or sanction of the prosecutor. In itself, the request to make a protocol of inspection will force the inspector to think: "And what is it?" Will a driver who has something illegal in the trunk, so boldly behave himself?

The prospect of working in accordance with the rules of the law, "and not by concepts" will not console it at all. Similarly, one needs to look for understandable ones. Remember that these can not be police officers or passengers of your car - only people who are completely independent can speak as understandable: car drivers, their passengers, and just pedestrians.

Be persistent, polite and with a tint of "metal" in your voice. Since the quiet mumble, running eyes and trembling hands do not speak about the driver's confidence. Here the principle of the conjunctions operates

vessels, that is, the more confidence in the driver, the less it remains with the inspector. The Inspector will be obliged to indicate in the protocol quite reasonably why he had to resort to the inspection procedure. And it's not that simple.

Keep in mind that when you clean the body and engine numbers to rub off dirt or look for their location, it's not your responsibility. You may not even know where the engine number is located. On the record the car was put colleagues DPS inspector from the MREV. All questions at this address. The pockets and the contents of the handbags are not included in the process of inspection of the car.

For a review you need a weighty drive. And if the reason is "fake" or the inspector conducts an inspection without a protocol, then know: the inspector has crossed the boundary of the law in Article 19.1 of the Administrative Code "Self-rule". We are complaining about the actions of the IDPS

No mass review (in violation of procedural rules) of all cars in a row, even during the period of the anti-terrorist operation or the plan "Interception", according to federal law in peacetime is unacceptable!

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Expert in the field of criminal, administrative and civil law. Specializes in military crimes and crimes in the financial sector

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