You were stopped by a traffic police officer, checked your driver's license, certificate, insurance - everything is in order... But suddenly he asked you to open the trunk of the car, weren't you expecting it? Yes, the inspector rarely asks for this, but it happens. Of course, you have nothing to worry about, you are not carrying anything criminal or prohibited in the trunk and, without any thoughts there, you calmly open the trunk and demonstrate its contents.
And then the inspector, carefully examining everything, says to you: “Show me the warning triangle, and at the same time, a first aid kit with a fire extinguisher. Just a second! What kind of bag do you have, what’s in it?” and brazenly opens the bag. At that very moment you realized that how bad it really is when there is a smart and competent traffic police inspector next to you, and you know the laws so poorly that you have nothing to resist him with. But it’s also good that you are reading this article, because after reading it, you will have something to answer the inspector in this situation. So, pay attention! I'll start in order.
What to do if the inspector asks you to open the trunk?
I would like to note right away that the inspector has no right to demand that you open the trunk, doors or hood of the car. You are not at all obliged to open everything that a traffic police officer orders or asks you to do. And it doesn’t matter at all where this happens - at the post or somewhere in the wilderness.
Therefore, after the inspector has asked you to open, for example, the trunk of your car, ask him to first draw up an inspection report and invite two witnesses, or record everything on a video camera. If the inspector, grinning, tells you that what kind of inspection is this, this is not an inspection at all, but just an inspection, do not believe him, he is disingenuous. And in this case, with a smile, invite him to inspect your car from the outside, and the interior through the side windows. Since the inspection can only be technical or visual.
What to do if you are asked to show a first aid kit and fire extinguisher?
However, an unscrupulous inspector, after your refusal to open the trunk without an inspection report, may cheat and ask you to show him the above-mentioned first aid kit, warning triangle or fire extinguisher, so that when you open the trunk, you will present them. What should we do here?
Everything is very simple. Tell the inspector that when you left, all these items were in the trunk and if he wants to verify this personally, then let him again draw up an inspection report and film everything on a video camera or look for two witnesses, since there is no law that obliges you to comply this requirement.
What is the difference between an inspection and a search?
And once again: the difference between inspecting a car and inspecting it is that during the inspection no protocol is drawn up, the inspector with his hands behind his back simply walks around your car and inspects it visually, and looks into the interior through the windows. But to inspect a car, you need a protocol, two witnesses, or recording everything on a video camera. Witnesses have been found, a protocol has been drawn up, and then the inspector may demand that you open the hood, trunk or doors of the car and nothing more, no first aid kits or bags. An inspection of a car without a protocol and without witnesses or video recording is qualified by the Code of Administrative Offenses as “Arbitrariness.”
So, an inspection protocol was drawn up. How to carry it out correctly?
While complying with all the requirements of the law, the inspector must indicate in the inspection report a very serious reason why he had to resort to the inspection procedure, and this is not so easy. And the search for witnesses and video cameras rests entirely on his shoulders.
But if the inspector has been inactive for several minutes, then remind him that at this moment he is illegally restricting your right to drive a car, which is also a violation of the Administrative Code, and threaten about your intention to call 102.
Important: a vehicle search can only be carried out in your presence. The inspector can only ask you to move the bag or package in the trunk or inside the car, but in no case does he have the right to do this with his own hands. Otherwise, such actions will already be qualified as a search, and the right to search is granted only by a court order.
What if the inspector asks to see what's in your pockets?
He does not have the right to demand that you empty your pockets or the contents of your purse, since this will already be regarded by law as a personal search. 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 and under the protocol of the personal search.
What to do if a police officer does not follow the law?
If the inspector ignored your demands and unceremoniously began searching your car without a protocol or witnesses, began to unauthorizedly open the doors and trunk of the car, rummage through your purse and glove compartment, then immediately call 102 and report an illegal search in your car, but yourself It’s better not to interfere with him.
And if possible, videotape what is happening and involve witnesses. When appealing against such actions of the inspector, witness testimony can be the main objective evidence.
After everything you have experienced, you will have exactly 10 days to write a complaint to the prosecutor’s office and the court, including your video recording and witnesses.
And finally, I would like to recall videos from the Internet or from television shows, where, to put it mildly, not quite adequate drivers begin to “download” their licenses in the literal sense of the word, when the inspector has not yet shown himself on the negative side, and provoke him to arbitrariness. And then they complain that it was the traffic cops who broke the side window and simply physically pulled them out of the car. What I mean is that you need to communicate with the inspector first of all as a human being. Then you won’t have to bare your legal “fang” in order to restore justice!
And if it's official...
The situation is complicated by the fact that Russian legislation does not directly describe: this is an inspection, but this is an inspection. Although these concepts are described one way or another. We bring to your attention excerpts from several regulations.
Article 27.9. Code of Administrative Violations. Vehicle inspection
1. An inspection of a vehicle of any kind, that is, an examination of a vehicle carried out without violating its structural integrity, is carried out in order to detect instruments or objects of an administrative offense.
2. The inspection of a vehicle is carried out by the persons specified in Articles 27.2, 27.3 of this Code, in the presence of two witnesses.
3. The inspection of a vehicle is carried out in the presence of the person in whose possession it is. In urgent cases, an inspection of the vehicle may be carried out in the absence of the specified person.
4. If necessary, photography, filming, video recording, and other established methods of recording material evidence are used.
5. A protocol is drawn up about the inspection of the vehicle or a corresponding entry is made in the protocol on administrative detention.
6. The protocol on the inspection of a vehicle shall indicate the date and place of its preparation, the position, surname and initials of the person who compiled the protocol, information about the person in whose possession the vehicle subjected to inspection is located, the type, make, model, state registration number, about other identification features of the vehicle, about the type, quantity, about other identification features of things, including the type, brand, model, caliber, series, number, about other identification features of weapons, about the type and quantity of ammunition, about the type and details of documents found during inspection of the vehicle.
7. In the protocol on the inspection of the vehicle, a record is made of the use of photography, filming, video recording, and other established methods of recording material evidence. Materials obtained during the inspection using photography, filming, video recording, and other established methods of recording material evidence are attached to the corresponding protocol.
8. The protocol on the inspection of a vehicle is signed by the official who compiled it, the person against whom proceedings are being conducted for an administrative offense, and (or) the person in whose possession the vehicle subjected to inspection is located, by attesting witnesses. If the person against whom proceedings are being conducted for an administrative offense and (or) the person in whose possession the vehicle subjected to inspection refuses to sign the protocol, a corresponding entry is made in it. A copy of the vehicle inspection report is given to the person in whose possession the vehicle subjected to inspection is located.
Order No. 185, approved by the administrative regulations of the Ministry of Internal Affairs
Item 149. The grounds for inspection of the vehicle and cargo, that is, visual inspection of the vehicle and transported cargo, are:
— orientations, other information about their use for illegal purposes;
— the need to verify the markings of the vehicle with the entries in the registration documents
— presence of signs of non-compliance of the transported cargo with the data specified in the documents for the transported cargo 1;
Clause 153.1. On conducting an inspection of the vehicle and cargo on the grounds provided for by the Federal Law “On Police”, the employee draws up an inspection report of the vehicle and cargo.
The inspection report of the vehicle and cargo indicates the date and place of its preparation, position, special rank, surname and initials of the employee who drew up the report, information about the persons present during the inspection, indicating their surname, first name, patronymic, residential address, telephone number, about the type, make, model, state registration plate, other identification features of the vehicle, about the type, quantity, and other identification features of the cargo being transported. In the inspection report of the vehicle and cargo, a record is made of the use of photography, filming, video recording, and other established methods of recording material evidence. Materials obtained during the inspection using photography, filming, video recording, and other established methods of recording material evidence are attached to the report.
Item 155. The grounds for inspection of a vehicle, that is, an examination of a vehicle carried out without violating its structural integrity, are:
- checking a reasonable assumption about the presence in a vehicle of weapons, ammunition, ammunition for weapons, explosives, explosive devices, narcotic drugs, psychotropic substances or their precursors or toxic or radioactive substances
— verification of a reasonable assumption about the presence of instruments or objects of an administrative offense in a vehicle or traces of an administrative offense on a vehicle; implementation of detention, administrative detention of a person who was in the vehicle.
Item 156. The inspection of the vehicle is carried out in the presence of two witnesses.
Item 157. The inspection of a vehicle is carried out in the presence of the person in whose possession it is...
Point 160. The vehicle is inspected after the driver and passengers have left the vehicle and their behavior is monitored by the squad."
Item 164. The protocol on the inspection of the vehicle is signed by the employee who compiled it, the person against whom proceedings are being conducted for an administrative offense, and (or) the person in whose possession the vehicle subjected to inspection is located, by attesting witnesses. If the person against whom proceedings are being conducted for an administrative offense and (or) the person in whose possession the vehicle subjected to inspection refuses to sign the protocol, a corresponding entry is made in it. A copy of the vehicle inspection report is given to the person in whose possession the vehicle subjected to inspection is located.
Moreover, as practice shows, not only motorists, but also traffic police inspectors do not always know the difference between these two procedural actions.
And the reason for such clarifications was the actions of traffic police officers at the Kushchevsky stationary post in the Krasnodar Territory. Which is also known as "Zucker Beam".
In one of his many reports about a trip to the south, the famous advocate of motorists' rights Pyotr Shkumatov wrote. According to him, his car was literally searched at this post without witnesses and other necessary official formalities.
It is noteworthy that many car owners who regularly drive through this post and are subjected to exactly the same procedures were surprised by Shkumatov’s indignation. Just think - they searched me. But this is a barrier to drug dealers and other criminals. However, everything has its limits. And all actions of traffic police inspectors must comply with the law. And any violation must be stopped.
So, the traffic police emphasizes, in accordance with the Law “On Police,” the inspection consists of a visual inspection of the vehicle and the cargo being transported. It is carried out without the participation of witnesses and, most often, without the use of technical means (although their use is not excluded). In this case, the driver is invited to voluntarily provide the police officer with the opportunity to visually inspect the vehicle and the intended places for transporting cargo, which are structurally intended for this purpose. The results of the inspection are reflected in the report in any form.
If the driver refuses to voluntarily provide the opportunity for a visual inspection, if there are grounds, the police officer has the right to conduct a search. Both during the inspection and search of his car, the owner has the right to videotape the actions of the police. Police officers also have the right to videotape ongoing events. An inspection is understood as an examination of a vehicle carried out without violating its structural integrity (Article 27.9 of the Code of Administrative Offenses of the Russian Federation). Unlike an inspection, an inspection is carried out either in the presence of two witnesses or using video recording.
The results are recorded either in the vehicle inspection report or in the administrative detention report, in which a corresponding entry is made. In this case, a copy of the vehicle inspection report is given to the owner of the car.
During inspection, the owner himself opens the hood, trunk, glove compartment and doors. The inspector can only ask you to move things or open, for example, a bag.
In the event of an inspection, he can do all this himself, but with the participation of witnesses or video recording, explaining all his actions.
Competently
Lev Voropaev, lawyer:
In a situation where police officers are trying to inspect a driver’s vehicle, in order to avoid unpleasant situations for citizens and due to the fact that the inspection procedure is not properly prescribed in the current legislation, I would recommend refusing it and insisting on conducting an inspection.
When carrying out an inspection, it is worth recommending that drivers film the entire procedure on their mobile devices. Require the inspector who wants to apply this security measure to begin drawing up an inspection report or, if detention is used, to make entries in the detention report. Then insist that the inspector begin to carry out the specified procedure either in the presence of two witnesses or by video filming the entire procedure.
Only after meeting the specified conditions should you give the inspector the opportunity to begin inspecting your car. When carrying out an inspection, it is necessary to take the most active part in it, including by video recording each action of the inspector during the inspection. I recommend opening the trunk, glove compartment, etc. personally. and personally demonstrate things that the traffic police inspector will show interest in examining.
Stopping a driver by traffic police is a common occurrence that every motorist will have to deal with sooner or later. But when a law enforcement officer asks to open the trunk or inspect the car from the inside, many do not know what to do, how to behave, or whether to argue with the officer. In this case, it will be useful to understand two concepts: search and inspection; the difference between them is significant, so every driver should know about it.
Inspection
Inspection is a visual examination of the vehicle and its contents, i.e. A traffic police officer has no right to touch the driver’s personal belongings and items entrusted for transportation, or to enter the vehicle without permission.
There is no concept of “inspection” in any regulatory legislative document. This is exactly what law enforcement officials usually use, because... not many drivers can give a legitimate fight.
Inspection applies:
Since 2012, inspections have been carried out with the preparation of a simplified protocol. But a very small number of traffic police inspectors comply with this rule, and even fewer people know about this requirement.
The concept of “inspection” is present in the Code of Administrative Offences. Inspection means a detailed examination of the vehicle without violating the integrity of the car’s structures. The difference from an inspection is that the inspector can open the doors and trunk. It is carried out with 2 witnesses and the mandatory drawing up of a protocol. Opening the trunk for inspection and a detailed examination of the car by a traffic police officer is precisely an inspection, although they usually claim the opposite.
Search is applied (according to the Law “On Police”):
- if there are objective reasons indicating that an offense has been committed, including illegal transportation of weapons or prohibited items, drugs, contraband;
- in case of an administrative offense. This is especially true for those drivers who were stopped while intoxicated.
ATTENTION! Unlike an inspection, an inspection can only be carried out in the presence of the owner of the car. If the driver drives by proxy or is simply included in the insurance policy, it is necessary to find out the possibility of the car owner arriving at the place.
At the same time, an inspection of the contents of the driver’s pockets is already a personal search, for which there must also be good reasons, and a protocol of the established form must be drawn up.
Working with the protocol
During an inspection, the driver and passengers must leave the cabin (this is the difference between an inspection and a search), and a protocol is drawn up, which is signed by both parties, as well as 2 witnesses. It is worth remembering that witnesses are not passengers of a stopped car or friends who drove up behind them, but strangers, often just passing or driving by. Moreover, the inspector himself must search for witnesses, and if this is not done within 10 minutes, then the driver has the right to call the police and report a violation under Article 12.35 of the Code of Administrative Offenses, which implies restriction of the right to operate a vehicle. If the inspector is familiar with the law, then he will not want to pay a 20 thousand fine for his incompetence. 
The protocol is an official document in which the personal data of the owner of the car (full name, place of registration and work), the driver (if necessary) and the car (type, brand, model, state number, VIN code, etc.) are entered. data of the traffic police officer (full name, position, rank, division), data of witnesses (full name, residence address and telephone number), fact of photo/video filming (device on which recording was made), as well as information about transported cargo. The document is certified by the signatures of all parties, indicating the date and confirmation of receipt of a copy of the protocol by the owner of the car.
IMPORTANT! Both the inspection and the search, which are completed in accordance with all the rules, can be filmed so that the traffic police officers do not speak.
The inspector has the right to get into the cabin and open the trunk to check, for example, the presence of a first aid kit or fire extinguisher only if he fills out an inspection protocol. The driver, at the request of the employee and without a protocol, has the right to present only documents, because this is indicated in the traffic rules. If a law enforcement representative begins to act independently, i.e. opening the trunk and opening the doors of a car without good reason (this can only be done in case of danger - a fire, the possibility of an explosion after an accident, or if it is necessary to pull a drunk driver out of the car), then this can be equated to arbitrariness. The driver can call an additional police squad, thereby causing serious problems for the traffic police officer, including dismissal under the article. 
IMPORTANT! When conducting an inspection, the inspector is prohibited from touching or opening bags or packages on his own, because this would amount to a search, which could only be carried out on suspicion of a criminal offense and only on the basis of a warrant. He may ask the driver to move or simply open the bag, but not take anything out of it.
Actions in case of violation of rules by traffic police officers
Any violation of the law by representatives of law enforcement agencies threatens them with serious problems. Therefore, if the driver is familiar with the inspection rules well enough and is confident in himself, then he will easily see the border between official duties and arbitrariness. All violations must be reported to the police, with evidence of the incompetent work of the traffic police officer in the form of video recordings and/or witnesses. Often a call to higher authorities forces the inspector to deviate from his intentions and begin to act according to the rules, or even hand over the documents and move away from problems. For violations during inspection of a vehicle, an official may receive a fine, a demotion in rank, or dismissal under an article that will be entered into his personal file.
Perhaps, each driver at least once during his entire driving experience has encountered a situation where, when stopped, a traffic police inspector wants to conduct a search or inspection of the car, in addition to a standard document check. This article will help all drivers better know their rights and understand that an inspection or search is not always authorized by a traffic police officer. It is no coincidence that we immediately focus on inspection and inspection, since these are two different procedures, the grounds for which are different.
What is the difference between a car inspection and a search?
Legal illiteracy of drivers leads to the fact that at the first request of the inspector to get out of the car and show him the car or its contents, many unconditionally obey the actions of the government representative. Although most often the inspector’s actions are unauthorized. Since for such procedures to be carried out there must be compelling, obvious circumstances.
A vehicle inspection can be carried out by a traffic police inspector to carry out registration and verification activities. In this case, the inspector only has the right to ask to open the hood to verify the engine number, and he can only look into the interior through the glass for a visual inspection.
An inspection is already a comprehensive check, which may include an inspection. During the inspection, the inspector checks the contents of the entire car - the interior and trunk.
An inspection can be carried out not just “at the request” of the traffic police inspector, but only in a number of cases established by law:
- When the traffic police or other law enforcement agencies conduct special operations;
- When checking the numbers indicated in the PTS with the actual ones (verification of markings);
- In case of external detection of a malfunction (malfunctions) of the vehicle, in the presence of which its further operation is prohibited, as it poses a danger to the owner of the vehicle and other road users;
- Inspection of trucks, if it is discovered that the transported cargo does not comply with what is specified in the accompanying documentation. Moreover, the inspection of the cargo is carried out in the presence of the driver, as well as the person accompanying the cargo. If an inspection is refused, the inspector has the right to conduct an inspection.
Before starting the inspection, the traffic police inspector is obliged to notify the driver about this, and the driver himself has the right not to leave the car, but only open the hood from inside the car. If during an inspection the inspector cannot “read” the license plates, then it is not the driver’s responsibility to clean them; the inspector must do this himself.
To summarize, we can highlight some features that distinguish an inspection from an inspection:
- Voluntary in nature - the inspection is carried out with the consent of the driver, but if the driver does not agree, the inspector may resort to an inspection;
- Free form of conduct - there are no regulations for the inspection, it can be carried out in any form, but the inspection is regulated by law and requires the presence of witnesses (2 witnesses);
- Reason - an inspection can be carried out if the reason for it is not clearly expressed, but only “seems”. An inspection requires a compelling reason.
The procedure for conducting an inspection by a traffic police officer
After stopping a vehicle, does the traffic police inspector announce the need for an inspection? The first thing you need to do is ask for your service ID and copy down its details. If you want to conduct an inspection of a car, the traffic police inspector must be guided by the Code of Administrative Offenses and its Article 27.9, which states that the inspection is carried out to detect the instruments with which the offense was committed. This means that the inspector must have reasonable grounds to suspect a particular vehicle (or driver) of having prohibited cargo inside the vehicle. In any case, the inspector must clearly indicate the reason, and if he refers to “mass inspection” in connection with the introduction of the “Interception” plan, then his actions are unauthorized. Such a measure (on a large scale) can only be applied in wartime or when a state of emergency is introduced.
Important! During the inspection, there must be clear (2 people), and the responsibility for searching for them lies with the traffic police inspector. If an inspection is carried out without clear evidence, the inspector should be reminded of the existence of criminal liability under the article “Arbitrariness”. Witnesses must be two strangers; under no circumstances can the second inspector be invited as a witness.
Further, if the inspector notified the driver about the search, but does not take action to find witnesses, then after a 10-minute wait you can safely call “02” and report an unlawful restriction on driving a vehicle. But initially, naturally, in order not to enter into an open conflict, it is better to warn the inspector about your intentions in order to “stir up” him (illegal restriction of the rights to drive a vehicle threatens the inspector with a substantial administrative fine).
It should be clear what an inspector can and cannot do. If, while waiting for witnesses, the inspector asks the driver to present a first aid kit, fire extinguisher or warning triangle (which in most cases are in the trunk), it must be said that they are in the trunk, and opening the trunk is already an inspection, and it cannot be carried out without witnesses . In addition, if witnesses are found and the trunk is opened for inspection, the traffic police inspector does not have the right to touch the things inside it. The driver has the right to open the packages for inspection and present their contents, but if the traffic police inspector personally touches the things, then this becomes a search, which requires completely different conditions and the availability of appropriate permission.
After the inspection, a protocol must be drawn up, indicating the reason for the inspection, the persons present during it, information about the car and the facts of video or photography. Also, if there are things that the inspector wants to seize, they must be indicated in the protocol. After all the details have been observed, all participants in the inspection must sign the protocol: the driver, the inspector and the witnesses. The signature of the latter obliges them to possibly participate in the role of witnesses if, on the basis of the protocol, records are opened.
Violations committed by traffic police officers during an inspection
The most important thing to learn from this material is that an inspection of a vehicle by a traffic police officer can be carried out if there is a compelling specific reason. Carrying it out because it “seemed” is unacceptable. If a driver sees that his rights are being openly violated, then it is best to resort to wait-and-see tactics, if possible recording what is happening on a DVR or any other recording equipment. Also, do not hesitate to involve witnesses who could subsequently confirm the fact of a violation of rights.
After completing the protocol, the traffic police inspector must carefully read what is written and then sign. If necessary, the actions of the inspector with which the driver does not agree are indicated. Subsequently, on the basis of this protocol, it will be possible to appeal the inspector’s actions in court. So, once again the basic rules when conducting a vehicle inspection:
- The presence of 2 witnesses is required, who must be found by the traffic police inspector;
- Drawing up a protocol after the inspection with the signatures of all those present;
- The search is carried out only in the personal presence of the car owner;
- Traffic police inspectors do not have the right to rummage through the driver’s personal belongings.
Following these few rules will save many drivers from unpleasant situations. Violations of the above requirements entail the recognition of evidence as inadmissible and lead to the cancellation of the decision in the case of an accident made based on the results of the inspection.
Additional Information
After a stop, the traffic police inspector does not always limit himself to checking documents, but also tries to carry out an inspection. However, such actions are not always legal and require serious grounds.
Let us consider in detail when and in what cases a traffic police officer has the right to inspect the car and what needs to be done to prevent such actions from harming the driver.
○ The concept of “vehicle inspection”.
An inspection is a check by a traffic police officer of the contents of the vehicle, including cargo (if any). Many drivers do not know that a vehicle cannot be inspected only at the request of the inspector and rush to immediately comply with his requirements. In fact, there needs to be a reason to carry out such events, otherwise the actions of the traffic police inspector are unlawful.
○ Is there a difference between an inspection and a search?
Many drivers do not distinguish between the concepts of inspection and search, although there is a significant difference between them.
A vehicle inspection is a visual review for the purpose of checking data. For example, you may be asked to open the hood and check the VIN number with that indicated in the registration certificate. He can also look into the cabin through the glass without opening the door or window.
Inspection is a deeper concept that means actual control of the immediate contents of the car. It does not require the driver's consent.
Thus, the main differences between these two actions are as follows:
- The inspection is carried out in a free form, and the search is carried out exclusively in the presence of witnesses (at least 2).
- No reasons are needed for an inspection; the inspector can conduct it simply because it “seemed”, but an inspection already requires good reasons.
- The inspection is carried out with the consent of the driver, but the search is carried out without.
○ Legislative regulation of the actions of traffic police officers.
The inspection rules are regulated by Art. 27.9 of the Code of Administrative Offenses of the Russian Federation, as well as the Federal Law “On Police” dated 02/07/2011 No. 3-FZ.
An inspection of a vehicle of any kind, that is, an examination of a vehicle carried out without violating its structural integrity, is carried out in order to detect the instruments or objects of an administrative offense.
(Clause 1 of Article 27.9 of the Code of Administrative Offenses of the Russian Federation).
The driver must be notified on what basis the inspector is going to inspect his vehicle.
○ Conditions under which inspection may be carried out.
The Code of Administrative Offenses of the Russian Federation also regulates the conditions under which an inspection must be carried out. Knowledge of them is mandatory, because it often happens that inspectors demand an inspection without reason. In such a case, you will be able to challenge his actions and the protocol drawn up and even bring him to justice in the form of a fine.
✔ Drawing up a protocol.
After the inspection, a protocol must be drawn up based on its results. The document states:
- Grounds for inspection.
- Data of all participants (driver and witnesses).
- Information about the vehicle.
- The fact of using photo/video shooting.
- Information about detected prohibited items (if any) or the fact of their absence.
The protocol is signed by the inspector who conducted the inspection, the person driving the vehicle and witnesses, if they are involved.
✔ Availability of witnesses.
In accordance with paragraph 2 of Art. 27.9 of the Code of Administrative Offenses of the Russian Federation, the search must be carried out in the presence of two witnesses. These must be disinterested persons who must ensure the legality of the actions of the traffic police officer.
Usually, drivers who are stopped specifically for this purpose are brought in as witnesses. Another inspector or a passenger in your car cannot act as witnesses.
The law allows for an inspection accompanied by video recording if it is not possible to attract witnesses.
✔ Presence of the vehicle owner.
According to clause 3 of Article 27.9 of the Code of Administrative Offenses of the Russian Federation, inspection of a car is carried out strictly in the presence of the person in whose possession it is located or the driver who has a power of attorney to drive the vehicle. This rule can only be violated in emergency cases.
✔ Other conditions.
When conducting an inspection, the inspector does not have the right to touch anything in the car with his hands. You must move the package yourself, which blocks the view, etc. If this rule is violated, we are talking about a search, for which special permission is required.
You are not required to leave the car during the search; such demands are unlawful.
○ In what situations is it legal to search a car?
The basis for inspection may be:
- Availability of orientation.
- Refusal of the driver or forwarder to present documents for the cargo and the contents of the vehicle.
- Suspicion of the presence of weapons, psychotropic/narcotic substances and other prohibited goods.
- Assumption about the presence of an instrument or objects of an administrative offense in the car.
The inspector is obliged to warn the driver on what basis he is going to inspect his vehicle.