Despite the consonance of names, legal inspection and inspection of the vehicle are completely different procedures. But drivers and ordinary citizens often do not attach much importance to this. What is a Vehicle Inspection and Inspection? What is the difference between them? What grounds can a traffic police officer have for conducting them? 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 to do if the traffic police inspector asks to demonstrate something in the car?
First of all, in order to understand the difference between inspection and inspection of a car, it is necessary to give an example of a situation that can occur with absolutely any driver when driving a vehicle.
The traffic police inspector slows down a passing car for an ordinary check of documents: driver'scertificates, insurance and STS. Most likely, every driver is ready for such actions of a traffic police officer. But what to do if suddenly a traffic police officer asked to open the glove box or trunk. What to do if employees say they need to inspect the hood? The driver is not obliged to fulfill all the requests of the traffic police inspector, including showing his belongings and opening everything at his request, and it does not matter where he stopped the vehicle for inspection - in the city, on the highway or on a country road.
An inspector without proper registration is not en titled to demand to show what is in the trunk or glove compartment, as well as open the doors of the car. 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 attempts to carry out an inspection. And this procedure has its own peculiarities. And in order to understand how the inspection differs from the inspection of the vehicle, you need to analyze both procedures in more detail.
Car inspection
Inspection is only a visual inspection 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 so that the employee can inspect the interior. But he should not touch anything with his hands and ask the driver to get out of the car or show something.
The driver can sit in the car and not interfere with its inspection even at the momentwhen you need to open the hood. When reconciling numbers in documents and under the hood, if the body number is dirty, it is also illegal to ask the driver of the vehicle to wash it. If you recall, when registering a car, when a state technical inspection of the vehicle is carried out, none of the traffic police officers asks the driver to demonstrate the contents of the car. As a rule, after the inspection, no documents are issued. In this example, the employee asked to see the contents of the car, more precisely, the trunk and glove compartment. If there are such requirements from the traffic police inspector, then in this situation it is necessary to boldly demand that a protocol be drawn up, call two witnesses to carry out this procedure, or ask to record everything on a video recording device.
If the traffic police officer begins to claim that this is not an inspection, but a regular 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 carry out a full inspection in the future, not forgetting the rules for conducting it with all the necessary paperwork. The main thing for the driver to remember is that when a traffic police officer asks to show the contents of a stopped car, this is not an inspection, but an inspection.
Car inspection
Inspection of the vehicle is a type of inspection in which the contents of the car are examined in detail. When it is carried out, a protocol is drawn up and at least two disinterested witnesses (mandatory adults) must be present. However, the law also providesAnother situation is when the inspector, during the inspection of the vehicle, must record on video all his actions. In this case, the inspection of the car can be carried out only in the presence of the owner.
The traffic police inspector should not touch anything with his hands, but at his request, the car owner must open both the glove compartment and the trunk, or even move some thing away. Otherwise, the officer conducts a search, and only the court can give permission for it.
When there is an understanding of how the inspection differs from the search of a car, it is possible to assess the legality of the actions of traffic police inspectors.
When demanding to show a fire extinguisher (first aid kit), you also need to ask for a protocol, involvement of attesting witnesses or video recording. If the traffic police officer does not draw up a protocol and is not busy looking for witnesses, then he unlawfully detains you, which you can safely tell him about.
Grounds for vehicle inspection and inspection
The traffic police officer must have certain grounds for the inspection and inspection of the vehicle.
For inspection:
- Orientation to a stopped vehicle.
- The shipment does not match what was stated in the documents.
- Reconciliation 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 screening:
- Administrative violation by the driver driving the car.
- Information about suspected transportation of prohibited items - military weapons, drugs and other things.
Inspection is carried out in the presence of the person driving the vehicle, or the person accompanying the transported goods. During this procedure, the integrity of the structure of the car being inspected should not be violated.
As it became clear, there is a noticeable difference between the inspection and inspection of a car, and every driver should know it. Drivers and ordinary citizens should enjoy their rights. Unscrupulous employees can be cunning and try to pass off the screening procedure as an inspection and conduct it inappropriately. What else should you know? In addition to search and inspection, there is another procedure called a search. It differs significantly from the above-mentioned manipulations of the traffic police officer. A search is already a more serious check, for which only a court can give permission. If the inspector himself tries to find something, opens the luggage in the car, then this is no longer an examination and inspection, but a search.
What should I do if there is an attempt to search without witnesses?
Of course, you should not be led by too cunning civil servants. You can protect yourself from illegal actions by demanding to call witnesses. If the inspector refuses, then you can also refuse to search. If the rules are not followed by a traffic police officer, for example, he began an inspection without a protocol or involving attesting witnesses, then punishment should be imposed on him, because. he exceeded his authority. You should immediately call 102. It is not recommended to interfere in this situation on your own. It is better to bring witnesses to further testify andstart video recording of all actions of the traffic police officer. There will be only 10 days after the current situation to file a complaint with the prosecutor's office and the court about the illegal actions of the traffic police inspector.
Inspection of a person
It is also necessary to consider an example when the inspector asked to see the contents of the pockets of the driver driving the vehicle, or the passengers of the same car. It should be noted right away that he has no right to demand this either from passengers or from the driver himself, because. this is a personal search and it should be carried out according to somewhat different rules. To avoid such illegal situations, it is worth analyzing the concepts - inspection and inspection of a person.
The Federal Law “On the Police” says that police officers have the right to carry out personal searches and searches of vehicles, things that are with citizens if they have information that these people have prohibited items - military weapons, explosives, drugs, poisonous or radioactive substances. The above suspicions are necessary for a body search.
Inspections have the right to be carried out both on air (airplanes, helicopters) and on water transport (ships, boats, yachts, etc.), in trains and trains to seize prohibited items. Therefore, officials of the Ministry of Justice, FSB officers, drug control employees are allowed to personal examination and search.
Personal search is the examination 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 rulesfor. Let's 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 that the person being searched has a weapon. The inspector and attesting witnesses must be of the same sex as the citizen whose inspection is being carried out. If the person being searched is a child, then his legal representative must be present. To the person whose search will be carried out, the officer must explain the grounds for the procedure.
The protocol includes all items of clothing and valuables that were inspected. You can also conduct photo and video recording, and this also needs to be documented. At the screening, he alth conditions such as serious illnesses such as pancreatitis or pregnancy should be reported. To confirm the words, employees can contact medical institutions where the person being searched is registered. At the request of the person being searched, the police must issue a copy of the protocol.
Personal inspection
You also need to know the difference between screening and inspection. You can easily explain it using the example of a security guard in a store. This is the most obvious example of a personal inspection, which most likely every citizen has encountered, perhaps without even knowing it. He stands at the exit of the supermarket and must detect unpaid goods, simply put, make sure that people do not steal.
Personal examination is a voluntary procedure,which represents the external observation of a person. You can refuse it, and the demonstration of your things too. The guard does not have the right to touch a person's personal belongings, he can only ask to see them. But not en titled to claim. If the inspector established the fact of theft by a citizen leaving the store, then he can call the police, and she, in turn, can arrange an inspection. Police officers are empowered to do so.
Baggage check
When examining and inspecting things - they examine hand luggage, baggage and other transported goods. In the protocol during the inspection of baggage, it is necessary to indicate all the distinguishing features of the things being checked, everyone who was present during the procedure and its results. What is the difference between baggage screening and screening?
Inspection is a visual check of personal belongings and luggage that does not violate their integrity. It is often carried out using equipment that scans bags and suitcases. A good example of such an inspection of luggage and things is scanning at the airport when a person is flying somewhere. Things are checked through a special apparatus. It has a moving belt on which luggage is placed for inspection, and a specialist sits behind the monitors and examines the contents. During customs inspection, the presence of the owner of the luggage is not necessary, because. while no one opens suitcases and bags.
Luggage inspection is a check much more serious than a simple inspection. During this procedure, suitcases, packages are opened, and the integrity of some things may be violated. Inspection is carried out only in case of suspicion of an offense, i.e. employees have good reasons that prohibited goods are being transported or concealed in order to avoid paying duties. Unlike an inspection, an inspection is carried out only in the presence of the owner of the things or if he was notified, but did not come for inspection. An exception is a security risk. With this check, there must be two independent witnesses.
Checking the premises
The Constitution of the Russian Federation, Article 25 provides for the inviolability of residential premises. It is expressly forbidden to enter the dwelling of persons without the permission of the residents. In case of illegal entry into someone else's territory, criminal liability may be established. An exception for entering 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 inspections and searches of premises are investigations of residences, work offices, or accident sites. It is carried out before the opening of a criminal case, to detect traces of violations or to clarify the circumstances of the offense.
Inspection of the house can be done only with the permission of the owner or by court order, and also 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 freely enter a private premises without the permission of the owners?
- If there is a threat to the he alth and life of specificpeople.
- When detaining persons who have committed or are suspected of committing a crime.
- To prevent crime.
- When clarifying the circumstances of the accident.
The owner of the inspected premises can always appeal against the decision of the court to higher authorities. If the police came to the house after a complaint from neighbors, for example, loud music, or to identify people living without registration, then the police officer can only enter 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. search. This is only allowed during a search. If, nevertheless, during the inspection, any evidence was searched, in the future they can be declared invalid in court.
What is the difference between search and inspection of premises? There is also no need to open a criminal case for inspection. It is carried out on the basis of suspicion of an administrative violation. The employee performing the search cannot open the closet or bag himself, but can ask the owner of the room to do it. He himself should not touch things. If the police officer performing the inspection or inspection picks up things or opens something, then he exceeds his authority, and it is necessary to report this to higher authorities. As mentioned above, you can start taking photos and videos of illegal activities, but it is not recommended to interfere in person.
Human behavior
I would like to point outthat you should not follow the example of inadequate drivers, who have recently appeared on videos on the Internet and provoke traffic police or police officers to arbitrariness. Then you won't have to complain about the illegal actions of law enforcement agencies in order to restore justice. But drivers still need to be on the lookout if it is obvious that a government employee begins to confuse inspection, inspection or search, confusing the person in respect of whom these procedures are being carried out. It is strongly not recommended to sort things out with a person when performing. In the future, all conflict situations will have to be resolved through the courts.
And finally. Each person needs to remember that it is necessary to communicate politely with traffic police officers and other civil servants, then an unpleasant conflict situation will not befall anyone.
