What to do if you are stopped by the police (PPS)?

Why might the police stop you?

There are actually a lot of options. Let's look at the most common ones:

• Just. The policeman didn't like you. He disliked you.
• The policeman stops everyone. He was given this task.
• You match the leads that the police have.
• You are under the influence of alcohol or drugs.
• Someone pointed a finger at you as if you were someone who had committed a crime.
• You were in the wrong place at the wrong time. Such places include disadvantaged areas, as well as parks. The police go around and look for those who make bookmarks. If you are walking alone, the likelihood that you will be stopped is very high.
• Well, the most unpleasant thing. If they want to give you something forbidden.

Can a traffic police officer (PPS) stop a car to check documents?

Let's move on to the legal component of this issue.

Since the PPSP is the police, it is subject to the Law “On the Police”. The same law applies to traffic police inspectors.

The traffic rules set out the rights of police officers and the responsibilities of drivers. Let us analyze from the point of view of the legality of stopping the vehicle.

According to the Law “On the Police” (subparagraph 20 of paragraph 1 of Article 13), the police have the right to stop vehicles if this is necessary to fulfill the duties assigned to the police to ensure road safety, check documents for the right to use and drive, and the presence of a compulsory motor liability insurance policy.

According to the traffic rules (clause 2.1.1.), in the event of a stop at the request of the police, the driver is obliged to hand over a driver’s license, registration documents for the car (STS, if the STS is not received, then the PTS), MTPL insurance policy and other documents.

It turns out that the Law “On Police” gives the right to a police officer (and this is both a traffic police officer and a PPSP officer) to stop a vehicle, and traffic rules oblige drivers to comply with these requirements.

It is not entirely clear, and the phrase “if it is necessary to fulfill the duties assigned to the police to ensure road safety” is especially alarming. A reasonable question arises: “Do the PPSP have responsibilities for ensuring road safety?”

Let us turn to the PPSP Charter.

Paragraph 218 of the Charter lists the powers of the PPSP to ensure road safety, namely:

• know the traffic rules (apparently the legislator is so familiar with law enforcement officers that he decided to additionally establish the obligation to comply with traffic rules specifically by the PPSP employees)
• prevent drunk drivers from driving a vehicle (how to prevent it is not disclosed, it can be seen through persuasion, and to do this you first need to stop the vehicle)
• In case of an accident, inform the duty officer or traffic police officer
• in cooperation with traffic police, eliminate traffic disturbances
• provide first aid to victims
• Before the arrival of the traffic police, take measures to organize a safe detour to the scene of the incident
• before the arrival of the investigative team, establish the identity of drivers, passengers, make, color of registration plate of cars that fled the scene of the incident

Let us also turn to the Administrative Regulations approved by Order of the Ministry of Internal Affairs of Russia No. 664.

According to this regulation, control and supervision of compliance by road users with road safety requirements is entrusted to the State Traffic Safety Inspectorate and its divisions (DPS). Other police units can monitor and supervise road safety, together with the traffic police department. The key word here is jointly.

After analyzing this legal act, we can conclude that PPSP employees can stop a car only in the following cases:

• holding special events
• crime prevention
• traffic control

Thus, a traffic police officer can stop a car, but in most cases as a traffic controller.

It seems that there is no authority to stop people for the purpose of checking documents and for violating traffic rules. But we have studied some of the powers. Let's study the legislation further. PPSP employees exercise their rights in accordance with Article 13 of the Law “On the Police”!!! (Clause 211 of the Charter). What does this mean? And the fact that not only the traffic police, but also the PPSP has the right to stop a car and check documents.

In addition, Article 27 of the Law “On the Police” establishes the obligation of the police, in the event of an administrative offense, to take measures to prevent or suppress the administrative offense. Violation of traffic rules is an administrative offense.

Thus, if a driver violates traffic rules, the traffic police officer is obliged to prevent and stop the violation (stop the car). There are several ways to prevent a crime: inform the nearest traffic police department about the car or stop the car yourself and check the documents.

So, a PPSP (PPS) employee has the right to stop and check documents if the driver commits an offense (traffic violation) or is preparing to commit an offense (the driver is going to drive a car while intoxicated). Another question arises: can an employee of the PPSP (PPS) draw up a protocol on an administrative offense?

Procedure and instructions for communicating with police officers

1. Keep calm. If you start to get nervous, the police will notice and this will only strengthen their confidence in your guilt.
2. Answer briefly and monosyllabically, or you may not answer at all.
3. Ask to see your ID. Remember the data from there or take a photo. Data that will be needed to identify the police officer who stopped you: Full name, what station he is from.
4. Ask why you were detained. Ask for clarification of rights and obligations, refer to the law.
5. If they want to search you without your consent and without witnesses, and also if you feel danger emanating from the police, you can call 02 or the helpline of the Ministry of Internal Affairs and say that unidentified persons want to search you in violation of the law, then give the details of the police officers who stopped you. Ask to check them and also ask if what they are doing is legal or not.
6. If that didn't help either. Then demand that an inspection report be drawn up, and also that witnesses be involved. If you do start to be searched with or without witnesses, then remember the basic rules:

— If your phone is not taken away, then start filming all police actions. — Don’t take anything out of your pockets yourself, in case something was planted on you, then your fingerprints will remain there. - If they ask you to pick something up from the ground, saying that it fell out of your pocket, do not pick it up.

If you were taken to the police station? Basic rules of conduct in the precinct.

• Answer briefly and monosyllabically, or you may not answer at all.
• Call your family or friends and tell them where you are
• Specify as much information as possible, namely why you were detained and what charges are being brought.
• Ask for a lawyer
• Don't sign anything
• Take photographs of all documents that are shown to you or that you suddenly signed.

Basic rules of law when dealing with police officers.

1) Police officers are obliged to be polite and treat citizens with respect: According to paragraph 1, paragraph 2 of Art. 5 Federal Law “On the Police”, clause 1. The police carry out their activities on the basis of observance and respect for the rights and freedoms of man and citizen. clause 2. Police activities that restrict the rights and freedoms of citizens are immediately terminated if a legitimate goal is achieved or it becomes clear that this goal cannot or should not be achieved by limiting the rights and freedoms of citizens. According to the Charter of the PPS, clause 226. An employee of the PPS unit in any conditions must be polite and tactful with citizens, address them as “you”, state their demands and comments in a convincing and understandable form, and avoid disputes and actions that offend their honor and dignity. In the event of a citizen’s appeal, the patrol (guard) police officer is obliged to state his position, rank, surname, listen carefully to him, take appropriate measures within the limits of his powers, or explain whose competence it is to resolve the issue raised. p. 229. When talking with citizens, police patrol officers are obliged to show calm and restraint, should not enter into arguments, lose self-control, respond to rudeness with rudeness and not be guided in their actions by personal hostile feelings. p. 230. If the offender reacts excitedly to the comments made to him, he must be given time to calm down and given the opportunity to give an explanation about his unlawful actions, and then explain the incorrectness of his behavior with reference to the relevant laws or other regulatory legal acts. Only after this can a decision be made to draw up a protocol, deliver the offender to the internal affairs department (department), or limit himself to a remark. 2) In what cases can the police stop you and ask you to show your passport? By virtue of clause 2 of part 1 of article 13 of the Federal Law “On the Police”, the police can: clause 2. Check the identity documents of citizens if there is data giving grounds to suspect them of committing a crime or to believe that they are wanted, or if there is a reason to initiate proceedings regarding an administrative offense against these citizens, as well as if there are grounds for their detention in cases provided for by federal law; check from citizens, officials, public associations and organizations permits (licenses) and other documents to perform certain actions or to carry out a certain type of activity, control (supervision) over which is entrusted to the police in accordance with the legislation of the Russian Federation; According to the Charter of the PPS, clause 233. When checking, citizens’ documents must be handled carefully and not made any marks on them. If money and other securities are invested in the document, you must invite the owner to take them himself. There are sufficient grounds to suspect a person of committing a crime in accordance with Art. 91 of the Code of Criminal Procedure of the Russian Federation are the following circumstances: - when a person is caught committing a crime or immediately after its commission; - when eyewitnesses, including victims, directly point to this person as having committed a crime; - when obvious traces of a crime are found on the suspect or his clothing, on him or in his home. 3) Police officers are required to introduce themselves and explain the reason for the appeal, Art. 5 of the Federal Law “On the Police” states: clause 4. When contacting a citizen, a police officer is obliged to: 1) state his position, rank, surname, present his official identification at the citizen’s request, and then state the reason and purpose of the appeal; 2) if measures are applied to a citizen that restrict his rights and freedoms, explain to him the reason and grounds for the application of such measures, as well as the rights and obligations of the citizen arising in connection with this. 5. A police officer, if a citizen approaches him, is obliged to state his position, rank, surname, listen carefully to him, take appropriate measures within the limits of his powers, or explain whose competence it is to resolve the issue raised. According to the PPS Charter, paragraph 227. When contacting a citizen, a patrol (guard) police officer is obliged to state his position, rank, surname, present his service ID at the citizen’s request, and then state the reason and purpose of the appeal. 4) The police must give the opportunity to familiarize themselves with the citizen’s documents that affect his rights and obligations, paragraph 7 of Art. 5 of the Federal Law “On the Police” states: clause 7. The police are obliged to provide every citizen with the opportunity to become familiar with documents and materials that directly affect his rights and freedoms, unless otherwise provided by federal law. 5) The police should not use physical force or insult people, Art. 5 of the Federal Law “On Police” states: Art. 5) A police officer is prohibited from resorting to torture, violence, or other cruel or degrading treatment. A police officer is obliged to suppress actions that deliberately cause pain, physical or mental suffering to a citizen. 6) A citizen may refuse to give explanations to the police, according to Art. 51 of the Constitution, paragraph 1. No one is obliged to testify against himself, his spouse and close relatives, whose circle is determined by federal law. 7) Personal search is regulated by clause 16 of Art. 13 of the Federal Law “On the Police” provides that the police have the right to carry out, in the manner established by the legislation on administrative offenses, personal searches of citizens, searches of things on them, as well as searches of their vehicles if there is information about what these citizens have with them weapons, ammunition, cartridges for weapons, explosives, explosive devices, narcotic drugs, psychotropic substances or their precursors or poisonous or radioactive substances, seize these items, means and substances in the absence of legal grounds for carrying or storing them; take part in the inspection of passengers, their hand luggage and baggage on railway, water or air transport, the subway, or carry out such an inspection independently in order to seize things and objects prohibited for transportation by vehicles.” According to Article 27.7. Code of Administrative Offences, clause 1. Personal search, examination of things that are in the possession of an individual, that is, an examination of things carried out without violating their structural integrity, is carried out if necessary in order to detect instruments of committing or objects of an administrative offense. clause 2. Personal search, search of things in the possession of an individual, are carried out by officials specified in Articles 27.2, 27.3 of this Code. clause 3. 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. Inspection of things carried by an individual (carry-on luggage, luggage, hunting and fishing tools, obtained products and other items) is carried out by authorized officials in the presence of two witnesses. clause 4. In exceptional cases, if there are sufficient grounds to believe that an individual has weapons or other items used as weapons, a personal search and search of things on the individual may be carried out without witnesses. clause 5. If necessary, photography, filming, video recording, and other established methods of recording material evidence are used. clause 6. A protocol is drawn up about a personal search, search of things that are with an individual, or a corresponding entry is made in the protocol on delivery or in the protocol on administrative detention. The protocol on a personal search, examination of things in the possession of an individual, indicates the date and place of its preparation, position, surname and initials of the person who compiled the protocol, information about the individual subjected to personal search, the type, quantity, and other identifying characteristics of things , including the type, brand, model, caliber, series, number, other identification features of the weapon, the type and quantity of ammunition, the type and details of documents found during the inspection and carried by the individual. clause 7. In the protocol on a personal search, examination of things in the possession of an individual, a record is made of the use of photography, filming, video recording, and other established methods of recording material evidence. Materials obtained during a personal search, examination of things in the possession of an individual, using photography, filming, video recording, and other established methods of recording material evidence, are attached to the corresponding protocol. clause 8. The protocol on a personal search, examination of things in the possession of an individual, is signed by the official who compiled it, the person against whom proceedings are being conducted for an administrative offense, or the owner of the things subjected to search, by attesting witnesses. If the person against whom the proceedings are being conducted, the owner of the things subjected to inspection, refuses to sign the protocol, a corresponding entry is made in it. A copy of the protocol on the personal search, the search of things in the possession of an individual, is handed over to the owner of the things subjected to search, at his request. Chief of the PPS, Commander of the PPSP unit

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Can you refuse a police officer's request to search your vehicle?

By virtue of parts 3 and 4 of Article 30 of the Federal Law of February 7, 2011 N 3-FZ “On Police”, the legal requirements of a police officer are mandatory for citizens and officials to fulfill; failure to comply with the legal requirements of a police officer entails liability under the legislation of the Russian Federation.

In accordance with clause 93.1 of Order of the Ministry of Internal Affairs of Russia dated August 23, 2017 N 664, an employee has the right to invite a road user to get out of the vehicle to carry out, in the presence of the driver (vehicle owner), a comparison of the numbers of units and components of the vehicle with the entries in the registration documents; to conduct a personal search, inspection or search of a vehicle and cargo.

In accordance with Art. 27.1 of the Code of Administrative Offenses of the Russian Federation in order to suppress an administrative offense, establish the identity of the violator, draw up a protocol on an administrative offense if it is impossible to draw it up at the place where the administrative offense was detected, ensure timely and correct consideration of the case of an administrative offense and the execution of the decision adopted in the case, the authorized person has the right, within the limits of his powers apply measures to ensure proceedings in the case of an administrative offense, including inspection of the vehicle.

In accordance with Art. 27.9 of the Code of Administrative Offenses of the Russian Federation, inspection of a vehicle of any kind, that is, an examination of a vehicle carried out without violating its structural integrity, carried out in order to detect instruments of commission or objects of an administrative offense, is carried out by persons specified in Articles 27.2, 27.3 of the Code of Administrative Offenses, in the presence of the owner and two witnesses or using video recording.

Thus, part 3 of Art. 27.7 of the Code of Administrative Offenses of the Russian Federation directly establishes for the person authorized to carry out the search the right to choose - to carry it out either in the presence of two witnesses, or using video recording. Moreover, in both the first and second cases, the actions of the official will be legal.