Does the traffic police officer have the right to check the trunk. How can an ordinary driver defend his rights? When the actions of the inspector are illegal

› Is the driver required to open the trunk to the traffic police inspector

It so happened that the vast majority of drivers least of all want to meet on the road and communicate with the traffic police, because it is generally accepted that if a traffic police inspector waved his baton, then he would definitely fine him. However, the identified violation is only one of the many reasons for stopping the vehicle. Do not forget that traffic cops, like any other police officers, also carry out operational-search activities.

Quite often, a situation arises when a traffic police inspector stops a car, after which he asks the driver to open the trunk and demonstrate its contents. The debate about how legitimate such a request is is unlikely to ever end. One of the drivers, believing that the traffic cop has the right to inspect the contents of his trunk, without entering into disputes, does what the inspector asks for. Others, on the contrary, begin to argue furiously that this request is not legitimate, and refuse to comply with it. They ask you to open the trunk
The former, as a rule, in nine cases out of ten quietly leave. The second ones lose their time and ruffle their nerves and the inspector, "shaking their rights." We will try to figure out whether the traffic police inspector has the right to ask the driver to open the trunk, and whether the driver is obliged to do what the police officer says.

As already mentioned, traffic cops, like all other police officers, carry out operational-search activities, within which they have the right to stop all vehicles suitable for orientation. Police officers have a lot of orientations, and almost any car passing by can fall under one of them. For example, he may have operational information that weapons are transported in a black Nissan car, or stolen goods are transported in a red car with the numbers 7 and 3 in the number.

Of course, if the car passes by orientation, the traffic police inspector will not name the true reason for the stop, since this is prohibited by the instructions, but you should not think that the traffic cop is sleeping and sees how to see what car owners are transporting in their cars, so the offer to open the trunk is no more than the performance of their duties.

To open or not to open the trunk

If the traffic cop during the dialogue asks the driver to open the trunk, this is not a violation on his part. The driver, for his part, is not obliged to comply with the request. That is, he can either voluntarily do what the inspector wants, or refuse. There will be no violation on either side. However, traffic police inspectors, in response to a refusal, have the right to require the driver to demonstrate what he is transporting. Is the driver obliged to open the trunk

In this case, the driver must know that from this moment the procedure for inspecting the vehicle begins, and now he is obliged to comply with the requirements of the police officer. In turn, the traffic police inspector is obliged to draw up a protocol and carry out the procedure in the presence of two witnesses, whom he must also find himself. During the inspection, the traffic cop should not climb into the trunk or the interior of the car, since this goes beyond the concept of "inspection" and is characterized as a search. Authorities have the right to demand that the driver move things that interfere with the view or open a bag lying in the car, but he cannot get into it without sufficient reason, otherwise his actions can be qualified as arbitrariness.

When the actions of the inspector are illegal

Unfortunately, there are still cases of dishonest performance by traffic police inspectors of their duties and abuse of official position. They may deliberately substitute the concepts of "inspection" and "inspection" in order to dispense with the protocol. The first, as mentioned above, implies a recorded inspection of the contents of the car without violating its structural integrity, i.e. police officers have the right to thoroughly examine everything inside the vehicle, but it is not allowed to tear off the upholstery or remove the seats. Inspection means an external inspection of the car and interior through the windows, while the driver is not obliged to lower the windows, open the doors, trunk or hood. Inspection or inspection

If the inspector refuses to draw up an inspection report or, having pushed the driver away, begins to search the car himself, the driver has the right to call the duty unit or the helpline, the number of which is written on the side of the patrol car, to declare misconduct inspector and demand that someone from the management arrive at the place of inspection. In no case should you insult a traffic cop or start a fight with him, since this is punishable under articles 318 and 319 of the Criminal Code of the Russian Federation.

How to be a driver

Fear of searches among drivers took root in the 90s of the last century, when "werewolves in uniform" were really common. Such "guardians of the order" could easily throw a small bag of white powder into the trunk or passenger compartment, after which they "bred" the driver for some amount of money so that he "avoided" criminal liability. At present, such cases are extremely rare, since the traffic police inspectors themselves are under constant control, so you should not be afraid to become guilty without guilt. The maximum that can happen as a result of the inspection (if items suitable for orientation are found in the trunk), the driver will be taken to the nearest police department to give explanations. Not very pleasant, but not fatal.

For any motorist, communication with the traffic police is inevitable. At the same time, the interaction between a motorist and an employee of the authorities is strictly regulated by other normative documents in almost any case. Therefore, it is useful for drivers to know whether the traffic police officer has the right to do this in each specific case.

You need to study as much as possible legal regulations for both parties, such knowledge will help the driver to “expose” unscrupulous employees and defend their rights with confidence.

But in any case, one must always understand that the human factor has a place to be even where there is a law. Therefore, the main point of communication should remain politeness. The inspector may be unsympathetic to you, unpleasant, but even if he is wrong in your opinion, you should never get personal. Keep a neutral atmosphere, stay calm and speak confidently about your rights. And in order to talk about them, of course, you need to know about them.

About what rights a driver has, one can talk endlessly, referring to the legislative framework.

In this article, drivers are invited to familiarize themselves with the legality of the most basic and common actions of traffic police officers.

1. Does a traffic police officer have the right to stop a vehicle unnecessarily?

In fact, stopping a car unnecessarily is not legal. Therefore, first of all, when the inspector stopped your transport and introduced himself, he must explain the reason for stopping the car. can serve:

Violation of traffic rules established visually or with the help of special technical means
Data on the involvement of the driver (as well as the passengers of the car) in the commission of an administrative violation, an accident, a crime
Questioning the driver and passengers of the car about the details of the accident, crime, administrative violation, which you witnessed
Information about the fact that the car is wanted, or its use for illegal purposes
Implementation of decisions to ban or restrict traffic. Such decisions are made by authorized officials or government agencies.
Engaging the driver or his vehicle to assist police officers or participants traffic.
Verification of documents. At the same time, stopping at this point is permissible only at stationary posts, as well as during special events.

2. Does a traffic police officer have the right to ambush a vehicle that is not a patrol car?

The regulation clearly prescribes the answer to this question: traffic control involving the use of a vehicle that is not a patrol vehicle is not allowed! Patrol cars are vehicles with a special color scheme and equipped with special devices for signaling.

3. Does the traffic police officer have the right to inspect and search the car?

The inspector has the right to conduct both inspection and inspection. But first you need to understand the differences between inspection and inspection. Inspection is a visual inspection of the vehicle, as well as the cargo that is transported in it. There are certain grounds for stopping the car for the purpose of inspection: orientation, suspicion that the cargo does not correspond to the documentation for it, the assumption that the transport has malfunctions, as well as reconciliation of the components and assemblies of the car with the documents. Therefore, the inspector has the right to stop almost any car for inspection.

At the same time, the driver has the right to refuse it. However, such behavior of the driver, as well as orientations and assumptions about the presence of explosives, etc., is the basis for an inspection. An inspection is an examination of a vehicle. That is, if a traffic police officer asks to open the trunk, this will be an inspection, which should be carried out in the presence of 2 witnesses (necessarily third-party people). According to the results of the inspection, a protocol must be drawn up. Therefore, drivers who have nothing to hide from the inspector can be advised to refuse the inspection, and calmly offer to go to the inspection. If there is nothing suspicious in your actions, then the need for this procedure will disappear altogether.

4. Does the traffic police officer have the right to demand that the driver get out of the car?

The driver can get out of his vehicle to the traffic police officer, or by own will, or in one of the following cases:

For vehicle inspection
To search the driver himself if he is allegedly drunk or suspected of being involved in and committing a DPT or a crime
For car troubleshooting
To involve the driver in assisting other road users

Therefore, even if you were stopped for a traffic violation, you can submit documents from the car through the window and wait for a decision. If you are not asked, then you do not need to leave.

5. Does the traffic police officer have the right to seize documents?

If the driver has committed a violation that provides for the deprivation of a driver's license, then withdraw them from him on the spot. Other documents (certificate of vehicle registration, registration certificate, power of attorney, waybill etc.) the inspector may withdraw during the investigative proceedings if there are signs of forgery or the documents are evidence of an administrative violation. It is imperative to remember the procedure for seizing documents: in the presence of two witnesses, a protocol is drawn up, while the traffic police officer must indicate in it the reason for the seizure, justified in accordance with the reference to the rule of law.

6. Does a traffic police officer have the right to detain a vehicle?

The traffic police officer has the right to detain the vehicle in the following cases:

If the driver does not have the documents provided for by the PPD
If the driver is driving a vehicle with a known faulty steering or braking system
If the driver is drunk or refuses a medical examination for intoxication
If the driver is deprived or does not have the right to drive the vehicle
If the driver violates the rules for stopping or parking on the roadway, which creates obstacles for other vehicles

Remember that you have the right to petition for the possibility of eliminating the reasons for the detention of your vehicle on the spot. This request must be recorded in the minutes.

7. Does the traffic police officer have the right to remove numbers from the vehicle?

State registration numbers can be removed by a traffic police officer, but strictly in the following cases:

If the vehicle is equipped with sound and color devices, the mode and color of which do not correspond to the Basic Provisions for the approval of the vehicle for operation
If the vehicle has a faulty brake system or steering
If the vehicle has not passed the state inspection

If the inspector, in accordance with the law, decides to remove state signs, then the driver must be given a copy of the acts of seizure and technical inspection of the car. Remember: the traffic police inspector has no right to remove license plates for malfunctions that are not indicated in the above cases, including tinting!

8. Does the traffic police officer have the right to prohibit the driver from audio or video recording of his conversation with him?

The answer to this question is unequivocal - "No!". The driver has the legal right to film or record on his voice recorder, film, photograph place of the accident, witnesses, etc. However, it is important for the driver to remember that all the information collected in this way cannot be used publicly by law, but it can become evidence in court proceedings.

9. Does the traffic police officer have the right to issue a fine for transporting a child not fastened with seat belts?

Of course yes! Moreover, the authorities in many regions of our country are actively trying to convey to motorists the need to purchase child car seats or other means by which a child can be fastened. By law, a child must be transported in a special restraint until they reach the age of 12.

10. Does the traffic police officer have the right to issue a fine for xenon?

If the bulbs (their markings) do not match the headlights of the vehicle, then a fine for xenon is imposed. Xenon markings must begin with the letter D, and if the HRC marking is indicated, then halogen lamps can be installed in these headlights. However, headlights must be yellow, white or orange color. Do not use white headlights at the rear and red headlights at the front. A fine for xenon can be up to deprivation of rights for up to a year. Remember: the inspector for technical supervision must check the marking for compliance with headlights and lamps, he must do this at a special point. Moreover, in the presence of two witnesses, he is obliged to draw up a protocol, since his actions will be an inspection.

11. Does the traffic police inspector have the right to measure the tint on the windows?

Most law-abiding citizens-drivers experience not the best emotions when they are stopped by a traffic police inspector. Even if a person is completely sure of his infallibility, he involuntarily experiences excitement and fear of the guardian of the law. Although in most cases, such contact is limited only to checking the driver's license, vehicle registration certificate and insurance policy.

However, it is not uncommon for a representative of the law to demand to open the trunk of a car, the hood to verify license plates on the engine and body, or the doors to inspect the interior of the cabin. At the same time, elementary ignorance of the laws and weak-willed obedience to the requirements of a "traffic cop" can become good man the beginning of big problems and troubles. There are frequent cases when, after requests to open the trunk, there was "accidentally" a bag with an unidentified substance, a firearm or a bloody knife.

So can the traffic police inspector ask the car owner to open the trunk? In what situations would his actions be legal? And how to behave in case of violation of the rules for the inspection of a car by a traffic police officer?

"Inspection" or "Inspection" - that is the question!

To completely confuse the excited driver, the traffic police officer resorts to a small psychological trick - he asks to open the car doors or the trunk lid for an inspection. However, in the Code of Administrative Offenses such actions are classified as searches or searches.

Carrying out a vehicle inspection includes:

visual inspection of the outer parts of the machine;
the ability to look inside the cabin through the windshield, rear or side windows of the car;
You don't need to do any paperwork to get it done.

The inspection procedure requires the implementation of certain standards:

drawing up a protocol with the fixation of the manipulations;
mandatory indication of the reason (reason) for the need for such actions;
the presence of two witnesses (passers-by, drivers or passengers of passing cars);
video recording of the entire process (if there are no witnesses).

Such a procedure is carried out only in the presence of the owner (or driver) of the vehicle, and the law enforcement officer cannot touch or independently move things in the car, its trunk or glove compartment. Such actions are classified as a search and require a court order or permission (sanction) of the prosecutor.

It should be noted that the search for witnesses or a camera for filming is not the responsibility of a stopped motorist - this task is completely entrusted to the patrol officer. Moreover, the inspection of the car without drawing up a protocol, witnesses or filming can be regarded as "arbitrariness." Such actions involve a measure of punishment for traffic police officers in the form of paying a significant amount of a fine.

The protocol is drawn up, witnesses are here - what's next?

Observing the norms of the law, the traffic police officer must necessarily indicate in the protocol a weighty reason that forced him to start the inspection. When conducting an inspection inside the cabin or trunk, the "traffic cop" may ask the owner to move this or that thing, raise the rug or remove protective case, however should not touch personal items. He also does not have the right to ask to see the contents of a purse, handbag or pockets - this is qualified by law as a personal search. It can only be carried out by an employee of the same gender as the person being searched, and the preparation of a protocol is mandatory. Witnesses in this case must also be of the same sex as the person being searched.

The special delay and inaction of the inspector can be regarded as an illegal restriction of the right to drive a car. Such behavior is a violation of the Code of Administrative Offenses and is strictly punished by law.

It is important to know that the protocol drawn up by the "traffic cop" can not be signed if you do not agree with its content. Moreover, the inspection worker is obliged to give you a copy upon request for personal use.

Emergency sign, first aid kit, fire extinguisher. Or how to force voluntarily open the trunk?

To a verbal demand or request to open the doors, hood or trunk of the car, the owner must politely refuse and ask to fold the protocol and clarify the reason for the search.

However, experienced traffic police inspectors are also subtle psychologists and, in some cases, ask to show them a first aid kit, a fire extinguisher or a sign emergency stop. How to be in such cases?

Professional drivers and motorists with experience advise not to panic and not strive to fulfill such a request as soon as possible.

After such a request, you should clearly and calmly explain that all the necessary accessories were in the car when you left the house and, of course, are there now. However, in order to conduct an inspection, the law enforcement officer must complete a number of formalities. And only then will you open the trunk.

It should be remembered that there is no article according to which the driver must present a first-aid kit or a fire extinguisher to traffic police officers, which means that the requirements to show them are unlawful and can be challenged in court.

What if the law enforcement officer does not follow the law?

A patrolman who arbitrarily began searching a car and ignoring calls to comply with the law can plunge into a stupor not only a novice car enthusiast, but also an experienced "carrier" with many years of experience. At the same time, the illegal behavior of a law enforcement officer should not be ignored - you should immediately dial the emergency police number 02 (or 102 from your mobile).

However, it is not worth preventing such illegal actions of the inspector - you can provoke aggression, a fight or inappropriate behavior in relation to yourself.

It is best to calmly videotape what is happening, while trying to attract the attention of random witnesses to the search or illegal search. Of course, it will be much easier to find witnesses at a checkpoint in the vicinity of the city than in the wilderness of fields and forest plantations, where "traffic cops" often hunt.

To prove the inspector's guilt, an application must be submitted to the prosecutor's office within 10 calendar days from the date of the incident. At the same time, video footage and eyewitness testimony can become weighty evidence of what happened.

It is very important not to provoke a traffic police officer, not to argue with him and not to stir up a conflict. When talking, you should be as restrained and calm as possible, and, moreover, argue your case with arguments. It is important that the patrolman understands that you are in control of the situation, are aware of the law and are confident that you are right.

At the same time, excessive emotions will only aggravate a tense situation and can cause a serious conflict. You should communicate with the inspector in a human way - this will help to avoid misunderstandings, serious showdowns in court and proving your case. However, if the case went to court, you should get a good lawyer and dedicate him to all the intricacies of the situation that happened.

Also you can get free consultation from a car lawyer on our website.

The former, as a rule, in nine cases out of ten quietly leave. The second ones lose their time and ruffle their nerves and the inspector, "shaking their rights." We will try to figure out whether the traffic police inspector has the right to ask the driver to open the trunk, and whether the driver is obliged to do what the police officer says.

To open or not to open the trunk

When the actions of the inspector are illegal

Unfortunately, there are still cases of dishonest performance by traffic police inspectors of their duties and abuse of official position. They may deliberately substitute the concepts of "inspection" and "inspection" in order to dispense with the protocol. The first, as mentioned above, implies a recorded inspection of the contents of the car without violating its structural integrity, i.e. police officers have the right to thoroughly examine everything inside the vehicle, but it is not allowed to tear off the upholstery or remove the seats. Inspection is understood as an external inspection of the car and interior through the windows, while the driver is not required to lower the windows, open the doors, trunk or hood.

If the inspector refuses to draw up an inspection protocol or, having pushed the driver away, begins to search the car himself, the driver has the right to call the duty unit or the helpline number written on the side of the patrol car, declare the inspector’s illegal actions and demand that he arrive at the place of inspection any of the management. In no case should you insult a traffic cop or start a fight with him, since this is punishable under articles 318 and 319 of the Criminal Code of the Russian Federation.

How to be a driver

Summing up all of the above, drivers can be advised the following.

If there really is nothing illegal in the car, in order to save time and nerves, it is better to simply comply with the request of the inspector to open the trunk and show its contents.
If the inspector goes beyond his authority, he should be warned that a call will be made to the helpline. If this does not work, you need to call and call his commanders.

For especially principled drivers who do not spare their time and nerves, there is only one piece of advice - to demand from the traffic police inspector to strictly comply with the requirements of the laws and draw up the inspection procedure in accordance with all the rules.