What to do if a police officer is stopped in the street

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

Your actions depend on the purpose for which you were approached.

Why can a police officer stop me?

According to the Law "On 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 a license - to check for these documents.
• When there is a reason to initiate an administrative offense case against you.

In 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.

Yuri Telegin Leading Lawyer of the European Legal Service

If the documents are in order, and you are not the criminal who is wanted, then you should 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 your ID with you when you leave your home. 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 3 hours.

Anyone in uniform can stop me. How do I know if this is a police officer?

If a police officer addresses you, he must give his position, rank, 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 is forcing you to show him your documents.

Can they search me?

A search may only be carried out within the framework of an already opened criminal case. But if we speak in simple terms and do not go into the intricacies of terminology, then yes, the police can ransack your pockets and look at the contents of your bag.

It is important to understand the difference between inspection and inspection here. 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 with you. You can only be examined by an employee of the same gender. The presence of two attesting witnesses and the drawing up of a protocol is obligatory.

By the way, about the attesting witnesses. Can I be forced to be?

They can ask, but not compel. 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 Affairs. 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 checking. And then they transferred their money to themselves by 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 don't do anything that would qualify as resistance. Otherwise, even if you initially did nothing wrong, at least an administrative offense looms here, for which you can be fined 500-1,000 rubles or arrested for up to 15 days.

Try to record the actions of the policeman using video or audio recordings. 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, as well as notify someone you know who can contact a lawyer.

Yuri Telegin

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?

In this case, Lifehacker has a separate large material. It says how to be and what to do.