Does a police officer have the right to check documents

Experts explained how to behave when a police officer demands to provide a mobile phone for check

Since the middle of last year, information began to appear in the media about cases of citizens being stopped on the street by police officers in order to check their mobile phones for the presence of applications banned in Russia. Such situations have become more frequent since the introduction of a ban on the Telegram messenger, whose encryption system does not allow Russian special services to stop impending crimes.

Since police officers are persons in the line of duty and must act strictly within the law, observing and respecting the rights and freedoms of man and citizen, the GARANT.RU portal learned from experts how to recognize that officials when carrying out an inspection are going beyond their powers, and what action should be taken to stop illegal searches.

Thus, the managing partner of the ENSO law firm, Alexey Golovchenko , recalled that according to the law, police officers have the right to check documents, but since mobile phones are not considered documents, there must be an additional basis for checking them. “A mobile phone is a personal item in which personal contacts, photographs, notes, and files are stored. As long as you have not broken the law, no one has the right to forcibly view your confidential information except by court order,” the commentary emphasizes. And, since there is no rule obliging a citizen to present his phone number for verification along with his documents, therefore, the person being checked has the right to decide whether to present it to the police officer or not. Moreover, if the inspector asks you to unlock the phone to view its contents, then he must draw up an inspection report, having previously announced what he wants to see there. “He has no right to access all applications without permission,” the expert is sure.

In support of his opinion, Alexey Golovchenko cites certain provisions of Art. 13 of the Federal Law of February 7, 2011 No. 3-FZ “On the Police” (hereinafter referred to as the Law on the Police), which indicates the right of a police officer to check documents (if there is a suspicion of committing a crime or a reason to initiate administrative proceedings) and inspect citizens and their personal belongings when entering areas where public or mass events are being held. Let us add that the right of a police officer to carry out a search or inspection of citizens, inspection of things on them, search or inspection of vehicles is also possible upon entry (exit) to protected objects (clause 25, part 1, article 13 of the Police Law).

At the same time, recommendations are given on how citizens should behave if a police officer demands to provide a mobile phone for inspection. So, it follows:

ask a police officer or the National Guard to introduce himself, and also find out his unit (it is advisable to write down this information);
find out the details of the head of the unit (position, last name, first name and patronymic);
demand an explanation of the reason for checking the phone (this should also be recorded);
capture what is happening on video.

If, if you refuse to show your phone number, the police officers offer to travel with them, then you must first clarify the number and address of the department, and then call a lawyer or relatives so that they can send a representative or lawyer to the department to be present at the time of giving evidence. In this case, it would not be superfluous to ask for registration in accordance with Art. 27.3 of the Code of Administrative Offenses, a protocol on administrative detention, which can subsequently be challenged in court. As for the inspection of personal belongings at the police station, it must be recorded in the inspection report - in particular, when checking a phone, the police officer must note which pages he is looking at.

The expert also pointed out the lack of judicial practice on the issue under consideration. “This suggests that either Russian citizens do not argue and present their phones for inspection, or these cases are not as large-scale as they are presented in the media, or the police officers are not so persistent, or those to whom these demands were made have something to hide ", he concluded.

In turn, Violetta Kolosova ,” believes that in many cases of checking mobile phones, the police and the National Guard exceed their powers, “playing on people’s fear of them, ignorance of their rights and, in fact, violating the constitutional rights of citizens to the secrecy of correspondence, which can only be limited by the court and no one else.” She emphasizes that police officers have the right to search a citizen and inspect his personal belongings only in connection with checks in specific criminal cases and cases of administrative offenses. Moreover, such events must be documented in a protocol. And if a citizen voluntarily agrees to show his phone to a police officer, this will relieve the latter of all responsibility and will indicate the absence of violations on the part of the inspector.

“If a police officer threatens that if you disobey you they will take you to the station, you should agree. If you are a law-abiding person and you have nothing to hide, then it is better not to argue with a police officer. But you need to try, with the help of passers-by or your friends, to film the actions of the policeman and demand that a report be drawn up,” the expert advises. Violetta Kolosova recognizes that it is completely legal for a citizen who has been subjected to a police search to refuse to give security forces the password for a mobile phone or enter it in their presence. “In any case, the seizure of equipment must be accompanied by the drawing up of an appropriate protocol,” she concluded.

Does a police officer have the right to check documents?

Many Russians are interested in the question of whether a police officer has the right to check documents . You will find out the answer to this question by reading this article .

In what cases is it possible to check documents?

The powers of law enforcement officers are strictly regulated by law, and a police officer does not have the right to simply demand documents from any passer-by for verification - this would be an abuse of authority.

Cases when a police officer has the right to check a citizen’s identity card are listed in the Law “On the Police”. These include the following situations:

there are grounds to believe that a citizen has committed a criminal act;
there is a suspicion that the citizen is wanted;
there is evidence that a person has committed an administrative offense (including in cases where the person is caught in the act of committing it);
there are grounds for applying a coercive measure such as detention to a citizen.

It should be noted here that the grounds for detaining a person by a police officer are also clearly established in the law. In addition to citizens suspected of committing a criminal offense, the following persons may be detained:

wanted;
those who escaped from custody, as well as from a psychiatric hospital;
attempted to enter protected facilities;
evading administrative arrest;
recognized by the court as insane and evading medical treatment;
those who attempted to take their own life;
those who violated curfew;
requested for extradition by a foreign state;
having obvious signs of mental abnormality that creates a danger to others.

If a person does not belong to any of the above categories, then there is no reason to check his documents.

What documents can a police officer check?

So, the law gives police officers the right to check identity documents in certain cases. Most often, such a document is a passport of a citizen of the Russian Federation, but it should be noted that residents of our country are not at all obliged to carry a passport with them at all times, since not a single current law contains such a requirement. Sometimes it may be enough for a police officer to see a photocopy of the passport.

In addition to a passport, an individual may present the following documents to a law enforcement officer to confirm his identity:

military ID;
temporary identity card (issued for the period of registration of the passport);
passport of a citizen of the USSR;
driver's license (strictly speaking, this document is not an identity document, but in many cases it can be accepted as such).

In some cases, a pension card or student card is sufficient to confirm your identity (although they are not ID cards).

Citizens of foreign countries present a passport of a foreign citizen, another document provided for by international rules, or a refugee certificate.

In what order are documents checked?

A police officer who contacts a citizen to check documents must:

introduce yourself: name your position, title, last name;
present a service ID for review if the citizen requests it;
inform for what purpose he is contacting the citizen.

A citizen should not enter into an argument with a police officer and refuse to provide documents, even if he believes that there are no grounds for such a check. After all, if the legality of the check is confirmed, a citizen for disobeying a police officer will face administrative punishment under Art. 19.3 Code of Administrative Offenses of the Russian Federation. For this violation, not only a fine of up to 1 thousand rubles can be imposed, but also administrative arrest for up to 15 days (See What is the article for disobedience to a police officer?).

It must be remembered that the policeman does not have the right to demand payment of a fine directly at the place of document verification. A fine is imposed only by a resolution of the competent authority after considering the protocol on the fact of an administrative violation.

If a citizen is unable to present an identification card, a police officer has the right to take him to the police station to verify his identity. The law does not contain a specific delivery time; in practice, there is a rule according to which the period should not exceed 3 hours.

Checking documents by police officers on the street

Have you been stopped by police officers to check your documents on the street? On what basis and what can they do if they are not there? In fact, the practice of checking documents by Police officers on the street is quite common. Let's figure out in what cases they can do this and where the line of lawful behavior on their part is.

On what basis do police officers generally have the right to stop citizens and demand to present documents?

Direct permission for this is contained in the Law on the Police in Article 13 Part 2, which states: the police have the right to check the identity documents of citizens if:

There is information giving grounds to suspect them of committing a crime or to believe that they are wanted,
If there is a reason to initiate an administrative offense case against these citizens,
If there are grounds for their detention in cases provided for by federal “law”;

The last formulation is the most problematic, because it refers us to other legal acts. Among these grounds: data giving reason to believe that the citizen is wanted, or if there are grounds for his detention in the manner provided for in Article 27.3 (administrative detention) of the Code of Administrative Offenses of the Russian Federation or Article 92 (procedure for detaining a suspect) of the Criminal Procedure Code Code of the Russian Federation.

When contacting a citizen, a police officer is obliged to introduce himself, explain the purpose and reason for the appeal, state his position and rank; each employee during his service in the city has a badge with a number written on it. You can ask a police officer to show your official ID, and he has no right to refuse you this.

Should a police officer who refers to an orientation when checking documents show it to you?

The issue is still debatable, because this issue has not been precisely settled anywhere. Most likely, the police will tell you that there is an orientation; they can show it to you at the department. Of course there is Art. 24 part 2 of the Constitution of the Russian Federation, which states that state authorities and local government bodies, their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law. But whether it is applicable in this case or not is a big question.

Well, a little from myself: it is not so difficult for a law-abiding citizen to show his passport, but police officers can actually search for a person. There is no need to complicate each other’s lives out of the blue...

When the police officer checked my documents, I did not have my passport with me. What document can I show?

Decree of the President of the Russian Federation dated March 13, 1997 N 232 and Decree of the Government of the Russian Federation dated July 8, 1997 N 828 establish that the identification document of a citizen of the Russian Federation is a passport of a citizen of the Russian Federation. But according to the general trend, any document containing a surname and a photograph that does not have any signs of forgery (work ID, driver’s license, student ID, etc.) is suitable. It is unlikely that the police will have an insane desire to verify your identity with manic accuracy if you do not arouse their increased interest. But if he goes “on principle,” he will demand a passport.

Can police officers detain if they do not have a passport with them, and it is impossible to establish the citizen’s identity in other ways?

Yes they can. To be taken to the police department, where the identity can be established. This norm is established in Art. 13 Part 13 of the Law “On the Police” in the following wording: a police officer has the right to deliver citizens, that is, to forcibly transport them, to the office premises of a territorial body or police unit, to the premises of a municipal body, to other office premises in order to resolve the issue of detention of a citizen (if it is impossible to resolve this issue on the spot); establishing the identity of a citizen if there is reason to believe that he is wanted as having fled from the bodies of inquiry, investigation or court, or as evading the execution of a criminal penalty, or as a missing person.

How long can police officers stay at the police station to establish the identity of a citizen?

In accordance with Part 1 of Article 27.5 of the Code of the Russian Federation on Administrative Offences, the period of administrative detention cannot exceed three hours. If it is necessary to establish an identity or find out the circumstances of an administrative offense, this period can easily be extended to forty-eight hours. The period of administrative detention begins to run from the moment the citizen is brought to the police station; upon the fact of the citizen’s detention, a detention report must be immediately drawn up.

There were violations when checking documents by police officers on the street, where to complain?

In order to draw up a reasoned complaint against the actions of police officers when checking documents, you need to remember the date and time when the violation occurred and ask to present your official identification. It is advisable to write down this data. Even if you cannot establish your full name or badge number, the police department will always have documents that establish patrol routes.

The complaint itself regarding the violation can be sent directly to:

To senior management
To the prosecutor's office
To the Internal Security Service of the Ministry of Internal Affairs
To court

Related article: how to properly file complaints with government agencies

In addition, a very effective way to hold employees accountable for certain violations (it would be more correct to say drawing attention to violations) is to contact the media, the State Duma and submit petitions. Recently, such means have been used very often, and they work so effectively that they are often the only possible option to restore justice.

A policeman approached you

Ask the person in the form to state their position , rank, last name and present their identification, as well as state the reason and purpose of the appeal. When contacting citizens, a police officer is obliged to do this in accordance with paragraph 4 of Art. 5 of the Law “On Police”. Write down his rank, full name, ID number, and badge details.

According to paragraph 5 of Art. 25 of the Law “On Police”, police officers serving in public places have a special badge “allowing the identification of a police officer.” This sign should help you if a person in uniform breaks the law and does not show you his identification. The absence of this sign is a violation of the law.

Call a friend and let them know where and who you are talking to. This is very important and gives you a significant security guarantee. Don't hesitate to call a friend.

Find out the reason for checking documents , as well as the purpose of contacting you. They cannot check your documents “just like that.” The Law “On the Police” (clause 2, clause 1, article 13) states that in order to check documents, a police officer must have data giving grounds to suspect you:

In the commission of a criminal offense;
Committing an administrative offense;
The fact is that you are wanted.

There are a number of other exotic reasons: evasion of administrative arrest; from compulsory medical or educational measures prescribed by the court; curfew violation; attempting suicide or escaping from a psychiatric institution. Clarify what exactly you are suspected of and on the basis of what specific data. If a police officer does not have such data, then he is breaking the law and his actions can and should be appealed.

Show the passport from your hands.
Warn the police officer about this in advance so that he does not try to snatch it from you. A police officer has no right to confiscate your passport or take it as collateral - this is a violation of Art. 19.17 of the Code of Administrative Offenses of the Russian Federation (CAO RF).

If you don't have your passport with you , don't worry: you are not required to carry it with you. Refer to the fact that by law you are obliged to carefully store your passport (see clause 17 of the Regulations on the Passport of a Citizen of the Russian Federation) and therefore keep it at home. Show the police officer any other identification document (licence, student ID, etc.), or simply dictate your information to him. No law requires you to carry a passport with you.

Show your documents: what the police can and cannot do

“Citizen, present your documents” - this phrase, popular in movies, can often be heard in real life. On what grounds do police have the right to demand a passport? Do you need to always have it with you? These and other questions of “Security” were answered by Alexander Romanov, professor of the Department of Fundamentals of Law Enforcement, Faculty of Law named after Speransky RANEPA, Candidate of Legal Sciences.

Can a police officer stop a passerby to check his documents?

Without a reason, police cannot check the documents of passers-by. The whole question is what is the basis. There is a universal explanation, conditionally: “... due to the fact that a lot of people are wanted.” Therefore, police can check the documents of those who fall under certain signs. This is a kind of universal master key that allows you to check the documents of almost any person.

“To fulfill their duties, the police are granted the following rights: to 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 against these citizens about an administrative offense, as well as if there are grounds for their detention in cases provided for by federal law” - Article 13 of the Federal Law “On Police”.

Essentially, this is wrong. But formally everything happens exactly like this. The demands of serving police officers are mandatory for citizens to comply with. A citizen can challenge the legality of demands, restrictions on his freedom of movement, and so on. The issue of legality and illegality of demands is resolved administratively by the management of police officers or in court.

At the same time, when considering such a complaint, it will be taken into account that the policeman was on duty at the time the demands were presented. Therefore, Themis will most likely side with the law enforcement officer.

What should a police officer say when stopping a citizen?

The police officer must introduce himself, state his position and name, and explain the essence of his requirements. But he is not obliged to name their reason. It is also not necessary to present identification. Law enforcement officers have badges on their uniforms - badges. They indicate the employee’s personal number with the region code and the police department. These badges allow employees to be identified.

Who has the right to check pedestrians' documents?

In accordance with the Federal Law “On Operational-Investigative Activities” No. 114-FZ, the task of this type of activity, among other things, is “to carry out the search for persons hiding from the bodies of inquiry, investigation and court, evading criminal punishment, as well as searching for missing persons "

At the same time, Article 13 states that the following agencies have the right to conduct searches, and therefore check documents: the Ministry of Internal Affairs, the FSB, the FSO, the Federal Customs Service, the Foreign Intelligence Service and the Federal Penitentiary Service, and in some cases, the operational unit of the foreign intelligence agency of the Ministry of Defense.

That is, both patrol officers and police officers and traffic cops can check the documents of pedestrians, since pedestrians are road users.

What happens if a passerby does not have a passport?

A citizen is not required to carry a passport with him at all times if he is not in a security zone, in a restricted or restricted area. But if there is no identification document, he will be taken to the police department to confirm his identity. This delay should not last longer than three hours. After this, the citizen will have to be released. However, if there is a suspicion that he has committed an offense, the detention can be extended for up to 48 hours.

Next, the detainee must be released or, if the suspicions are confirmed, the documents must be transferred to the court, which will decide to extend the period of detention or choose a preventive measure for the citizen in the form of detention.

“After 48 hours from the moment of detention, the suspect is subject to release, unless a preventive measure in the form of detention was chosen against him or the court did not extend the period of detention,” Article 94 of the Code of Criminal Procedure of the Russian Federation.