Is the driver required to open the trunk to a traffic police inspector?

Is the driver required to open the trunk at the request of the inspector?

Quite often I observe a situation when an inspector approaches a car after it has stopped, checks the documents and asks to open the trunk. Today we will figure out whether the driver is obliged to open the trunk and how to behave in this situation.

Initially, as soon as you stop, the inspector should approach you and introduce himself. Please note that the traffic police officer is not required to show you his or her official ID. Only if a road user asks him to do so.

When addressing a road user, the employee must introduce himself, stating his position, special rank and surname, and then briefly state the reason and purpose of the appeal.
When stopping a vehicle or pedestrian, the employee, at the request of a road user, is obliged to present an expanded service ID without letting it go.

Paragraph 1 and 5 of paragraph 20 of Order of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009 No. 185

Persons who have the right to stop a vehicle are required to present an official identification card upon the driver’s request. (clause 2.4 as amended by Decree of the Government of the Russian Federation dated October 31, 1998 N 1272)

Paragraph 3 of clause 2.4 of the traffic rules

Therefore, we do not neglect this request and ask the inspector to show his ID. Don’t forget to record all the data, we may need it if the employee’s actions are unlawful.

If an inspector substitutes the concepts of “vehicle inspection” and “vehicle inspection,” he is being disingenuous. Tell him that the inspection can be technical or visual. If he wants, let him look at the car from the outside and the interior through the side windows. In this case, the inspector does not have the right to demand that you empty your pockets or the contents of your purse. This applies to personal searches and is regulated by Article 27.7 of the Administrative Code. 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, under a personal search protocol. Searching a car without a protocol and without witnesses is qualified by Article 19.1 of the Code of Administrative Offenses “Arbitrariness”.

Arbitrariness, that is, the unauthorized exercise of one’s actual or perceived right, contrary to the procedure established by federal law or another regulatory legal act, without causing significant harm to citizens or legal entities, entails a warning or the imposition of an administrative fine on citizens in the amount of one hundred to three hundred rubles; for officials - from three hundred to five hundred rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Article 19.1 of the Code of Administrative Offenses of the Russian Federation

If an inspector unauthorizedly opens the interior doors or trunk lid, or rummages in the glove compartment, then immediately call 102 and report an illegal search in your car. Remember that we copied the data from the ID? Don't forget to report them too.

The search for witnesses lies entirely on the shoulders of the traffic police officer. After 5 minutes of inaction of the inspector, inform him that if he continues to detain you, a call will be made to the duty station with a subsequent story about his violation of Article 12.35 of the Code of Administrative Offenses of the Russian Federation “Illegal restriction of the rights to drive a vehicle” (Fine for an official: 20,000 rubles) .

The application to owners and drivers of vehicles and other road users of measures not provided for by federal law aimed at restricting the rights to drive, use or operate a vehicle shall entail the imposition of an administrative fine on citizens in the amount of two thousand rubles; for officials - twenty thousand rubles. (as amended by Federal Laws dated June 22, 2007 N 116-FZ, dated July 24, 2007 N 210-FZ)

Article 12.35 of the Code of Administrative Offenses of the Russian Federation

It also happens that when the inspector asks you to open the trunk, you, without thinking about the consequences, go and open it. Remember, by performing this action, you are taking a very big risk, since there have been cases when, unexpectedly for everyone, in particular for you, a bag of something prohibited or an ordinary cartridge from a pistol or machine gun is found in the trunk.

There is a “cunning” technique of the inspector: after refusing to open the trunk without an inspection protocol, you are asked to present a warning triangle (first aid kit, fire extinguisher) so that you can open the trunk and take them out. We ask the inspector to indicate the number of the traffic rules article that obliges you to present the required availability. There is no such article. We remind the inspector that when you left, all these items were present and were in the trunk of the car. If he wants to see for himself, let him draw up an inspection report, and only then will you open the trunk.

You need to know that Article 27.9 of the Code of Administrative Offenses “inspection of a vehicle” obliges police officers to conduct an inspection of the vehicle in your presence.

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.

Part 3 of Article 27.9 of the Code of Administrative Offenses of the Russian Federation

The inspector may only ask you to move the bag in the trunk or lift the cover in the back seat. But under no circumstances does he have the right to do this with his own hands. Otherwise, the law classifies these actions as a search. The right to search is granted by an investigator's order or a court decision.

2. The search is carried out on the basis of the investigator’s decision.
3. A search of a home is carried out on the basis of a court decision adopted in the manner established by Article 165 of this Code.

Parts 2 and 3 of Article 182 of the Code of Criminal Procedure of the Russian Federation

The very request to draw up an inspection protocol will make the inspector think: “why would this be so?” Will a driver who has something illegal in his trunk behave so boldly? The prospect of working within the rules of the law will not please him at all. You will also need to look for witnesses or make a video recording. Remember that neither police officers nor passengers of your car can act as witnesses - only absolutely independent people can act as witnesses: drivers of passing cars, their passengers, and just pedestrians.

1. In the cases provided for by this Code, the official in charge of the case of an administrative offense may bring in as a witness any adult person who is not interested in the outcome of the case. The number of witnesses must be at least two.

Part 1 of Article 25.7 of the Code of Administrative Offenses of the Russian Federation

Be persistent, polite and with a hint of metal in your voice. Because quiet muttering, shifting eyes and trembling hands do not in any way indicate the driver’s confidence. The principle of communicating vessels applies here, i.e. The more confidence the driver has, the less confidence the inspector has. The inspector will be required to indicate in the protocol a SUFFICIENTLY compelling reason why he had to resort to the inspection procedure. And it's not that simple.

Remember that when checking body and engine numbers, it is not your responsibility to wipe off dirt or look for their location. You may not even know where the engine number is located. The car was registered by colleagues of the traffic police inspector from the MREO. All questions to this address. Turning out pockets and the contents of a handbag is also not included in the vehicle inspection process. A valid reason is required for an inspection.

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;
checking 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;

Clause 155 of the Order of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009 No. 185

And if the reason is “far-fetched” or the inspector conducts an inspection without drawing up a protocol, then know: the inspector has crossed the line of the law in Article 19.1 of the Code of Administrative Offenses “Arbitrariness”. We are preparing a complaint against the actions of IDPS.

If, nevertheless, the inspector ignored your requirements and began the inspection procedure, without documentation, it is advisable to take on the role of a passive observer and, in no case, not interfere. Even if it is carried out in violation of procedural norms: without witnesses and protocol, and in some places it turns into an outright search. If possible, record video; this is not prohibited by law.

An employee must not interfere with the use of video and sound recording equipment by a road user, unless prohibited by law. The employee must inform the road user making the recording about the existence of the prohibition.

Clause 25 of the Order of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009 No. 185

It would be a good idea to involve witnesses (passengers in your car or those passing by, drivers or pedestrians); if you decide to complain about the unlawful actions of a police officer, witness testimony can become the main objective evidence. In addition, do not neglect the help of a lawyer, since the law will be completely on your side, but no one knows whether the traffic police officer has an agreement with the judge or not.

Is the driver required to open the trunk to a traffic police inspector?

It so happens that the vast majority of drivers least of all want to meet on the road and communicate with traffic police officers, because it is generally accepted that if a traffic police inspector waves his baton, it means he will definitely fine you. However, the identified violation is only one of many reasons for stopping the vehicle. We must 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 the legality of such a request 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. Others, on the contrary, begin to furiously prove that this request is not legal and refuse to fulfill it.

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

Of course, if the car passes according to the 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 asleep and sees, as if to see what car owners are carrying in their cars, so the offer to open the trunk is nothing more than the performance of his official duties.

To open or not to open the trunk

If during a dialogue a traffic cop 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 in any case. However, in response to a refusal, traffic police inspectors have the right to demand that the driver demonstrate what he is transporting.

In this case, the driver should know that from this moment the vehicle inspection procedure 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. When conducting an inspection, the traffic cop should not climb into the trunk or interior of the car himself, since this goes beyond the concept of “inspection” and is characterized as a search. Representatives of the 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 himself without sufficient reason, otherwise his actions may be qualified as arbitrariness.

When an inspector's actions are unlawful

Unfortunately, there are still cases of traffic police inspectors dishonestly performing their duties and abuse of official position. They can deliberately replace the concepts of “search” and “inspection” in order to do without a 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 inspect everything that is inside the vehicle, but they are not allowed to tear off the upholstery or remove the seats. An inspection means an external inspection of the car and interior through the windows; the driver is not required to lower the windows, open the doors, trunk or hood.

If the inspector refuses to draw up an inspection report or, having pushed the driver away, begins to search the car, the driver has the right to call the duty station or the helpline, the number of which is written on board the patrol car, report the illegal actions of the inspector and demand that he come to the place of inspection anyone from management. Under no circumstances should you insult a traffic cop or start a fight with him, since this is subject to criminal liability under Articles 318 and 319 of the Criminal Code of the Russian Federation.

What to do as a driver

The fear of searches among drivers took root in the 90s of the last century, when “werewolves in uniform” were really common. Such “police officers” could easily throw a small bag of white powder into the trunk or interior, after which they would “cheat” the driver out of certain sums of money so that he would “avoid” criminal liability. Currently, such cases are extremely rare, since traffic police inspectors themselves are under constant control, so there is no need to be afraid of becoming guilty without guilt. The maximum that can happen as a result of the search (if objects that match the orientation are found in the trunk) is that the driver will be taken to the nearest police department to give an explanation. Not very pleasant, but not fatal.

To summarize all of the above, drivers can be advised as follows.

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

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

This is what surprises me now, that people somewhere, somehow sideways, know something a little and are trying to impose their knowledge on you as the requirements of the Law.
Well, first, what is a search: this is an event conducted by a police officer, necessarily with the drawing up of a protocol and 2 witnesses.
What is included in the inspection report: inspection of the entire car, glove compartment, interior top and bottom, trunk and engine compartment! If she drove against it, then according to the law it’s so!
The difference from the search protocol here is that I can literally disassemble the car down to the screw, but there’s a catch, I then have to put it in proper condition again!
The reason is at least a hundred servings: a law-abiding, vigilant citizen, who wished to remain anonymous, reported that the driver here and there was twirling an object in his hands that looked like, say, a grenade or a pistol! The law allows it without the sanction of the prosecutor, but I am obliged to inform the prosecutor within 24 hours about the event and the circumstances that prompted this event!
Questions?
The traffic police nickname asks to show the trunk - you have to open it, the base - and again, just show me the spare tire, a fire extinguisher, or again the banality... we saw how vigilant, well, very vigilant citizens took out a grenade launcher from there.
Did you forget about the first aid kit? Oh, citizens of the writers, well, write, but watch that you are “giving birth” in pain, otherwise a citizen who has read your tales may undeservedly catch his “face on the asphalt” and disobedience.
And for some reason everyone takes into account whether or not they have the right.
Citizens, if this is the case, take a technical passport for your car, or look on the Internet and see a lot of interesting things about your iron horse: what is the maximum weight of cargo in the trunk, or the trunk, or the possibility of attaching the trunk to a given car model, and you will laugh a lot!
It turns out that you can put... well, at best, a lady's handbag in the trunk, well, this in no way corresponds to Russian standards for loading the trunk or the interior, with the seats being cleaned according to the principle “how much will fit and if it closes, then the norm, but if it doesn’t close, what’s the rope?”? And citizens, there is still a reason to laugh about tinted windows and various pasted films, which in no way comply with the norms of the law - our legislation!
And the fact that this is a foreign car, well, the flag is in your hands, drive there, and if here, then be so kind as to strip it off and lighten it in accordance with our rules! And under the bottom of the car there are such horror stories, and if it’s used, then there’s a whole treasure trove for a DPS nickname, if it’s a spring suspension, then usually it’s either springs: sagging, cuffs lined up, reinforced springs from another model.
And if there are springs, then they can be even or even curved in the opposite direction, or even one or even two radicals can be added. Or maybe the brakes are leaking and the tires on the wheels are different, but what about citizens?
You can’t operate it, if you’ve read, seen enough, and decided to test your license, then it’s either a penalty parking lot, or repairs on the side of the road on your own, not far from the post! But now citizens, think about what to do, turn on the fool and say I read it on the Internet or fulfill the requirements of the traffic police nickname?
No, of course there are scoundrels among traffic police officers, the time is now, the asphalt has always been golden.
But mostly these are normal people, and if they asked to open and show, then I strongly advise you to do so.
If a DPS nickname wants to get you, he will do it and everything will be strictly according to the Law and without much difficulty! And after that, for the especially smart ones, about the first aid kit. Read what is there and how it should be stored, even if the first aid kit has been lying in the car for a month - that’s it, the medicines are no longer usable. Like this.

Is the driver required to open the trunk to a traffic police inspector?

The traffic police inspector has the right to check not only the driver, but also his car. He is also given the right to demand from citizens certain actions/inactions if this is done within the framework of law enforcement. But all its instructions must be spelled out in the law, although sometimes employees forget that they are the executive and human rights authorities, and not the legislature. Does a traffic police officer have the right to check the trunk and is the driver obliged to open it at the request of the inspector? Let's find out!

When can traffic police check the trunk?

In any cases where it is required to maintain law enforcement. Blurred? Now let's figure it out! Let’s just clarify that the traffic police officer does not need to check the trunk itself - we are talking about more specific procedures. These could be:

checking the cargo being transported in the trunk of the car (namely checking the luggage itself),
checking the numbers of machine components or units,
checking for prohibited items (this is not the same as checking the cargo).

For each of these procedures there is a corresponding administrative procedure. All such procedures are enshrined in legislation - in this case, either in the Code of Administrative Offenses or in the Administrative Regulations put into effect by Order No. 664.

Thus, checking the trunk by a traffic police inspector is permitted, but only within the framework of certain procedures that are enshrined in legal acts. And each of these procedures will require the preparation of documents.

As you may have guessed, we are talking about a search or inspection of a vehicle. But how to distinguish them and what documents are required for this?

Is the requirement to open the trunk a search or an inspection?

It could be both. Despite the fact that in most information sources you will most likely read that checking the trunk is exclusively part of the inspection, in fact, this is far from the case, and for errors in theoretical information you can practically be grounded for the entire 15 days for failure to comply with a lawful request of a police officer (Article 19.3 of the Code of Administrative Offenses of the Russian Federation).

Meanwhile, the differences between these two procedures in the context of the requirement to open the trunk for inspection are quite significant, although they are quite simple and understandable. It depends on them what documents must be drawn up, what is allowed to the traffic police inspector within the framework of this procedure, and what formalities must be observed.

An inspection is a visual examination of the machine. The purposes of the inspection are not directly defined anywhere, but there are reasons for conducting it, and these include:

orientation,
signs of cargo non-compliance with documents,
the need to reconcile markings.

And it is precisely the last point that one way or another may oblige the driver to open the trunk of his car to the inspector. In fact, if you do not do this upon request, then you are interfering with the lawful actions of the traffic police officer.

But checking the cargo in the trunk is no longer valid for you if you are traveling as an ordinary citizen and not transporting cargo as an organization with the appropriate accompanying documents.

As for orientation, everything here is very opaque. The fact is that you cannot refute its presence in any way, since it can be oral and does not necessarily have to be regulated on paper.

But in practice, this does not mean that you are obliged to classically get out of the car and open the trunk at the inspector’s request, showing him everything he points out and explaining the origin of certain items. Please remember that the inspection only checks the markings. In the trunks of most car models there are no markings at all - the VIN number is indicated under the hood, on the threshold or other places in the body, which almost never includes the trunk. The headlight markings certainly cannot be in the trunk.

However, if a traffic police officer demands to open the trunk to look for such markings, he cannot be refused. But you don’t face the direct task of opening the trunk lid. You just need to not interfere with this - pull the trunk opening lever, for example.

And finally, the most important thing! As part of the inspection, an inspection report must be drawn up - in writing and signed by the inspector. True, it is not written anywhere that this document should be drawn up before the inspection, and not during or after it. Also, neither witnesses nor video recording are required for inspection.

But as part of the inspection, the inspector has every right to fully examine your trunk. You (and passengers), at the same time, are obliged to get out of the car and not interfere with the search.

The inspection has its reasons, and they are almost similar to the reasons for the inspection. But the inspection is a more complex procedure, and the inspector is allowed much more in his actions inside the trunk of your car. But there are also more procedural actions for the employee:

an inspection protocol must be drawn up with mandatory indication of the prescribed data; at the same time, similar to the inspection, there is no obligation to draw it up immediately before the inspection, although in fact it is impossible to draw it up during or after, since witnesses (if any) are included there;
Two witnesses must be involved or a video recording of the search must be used.

From what is permitted, the traffic police inspector can fully examine the trunk: move things in it, lift the carpet and look under it. At the same time, he does not have the right to violate the structural integrity of the trunk (he can unscrew and pull out the spare tire, but cannot disassemble the trim, for example), as well as open bags and open other things in the trunk (this is already an inspection of personal belongings, and a separate appropriate protocol for searching personal belongings).

How to apply this in practice?

In fact, it's simple. Let's imagine a standard situation: a traffic police officer stopped you, examined the documents and in an orderly tone tells you to open the trunk. Your task here is to find out immediately whether it is a requirement or a request. Ask the inspector directly about this. The request can be refused, and the requirement must be regulated by grounds and supported by an inspection report or inspection protocol.

If the inspector still demands to open the trunk for inspection, then:

as part of the inspection, simply tell the inspector that you do not have markings in the trunk, but if he insists, then simply pull the trunk release lever (if it opens from the passenger compartment) or open it, you do not have to get out of the car (however, see what is in the trunk does the inspector, still in your interests),
As part of the inspection, you and all persons in the car are required to get out of it, and it is advisable, in addition to the video recording of the traffic police officer, that you also film the actions with your camera.

What to do if a traffic police officer asks you to open the trunk?

Most law-abiding citizen drivers do not experience the best emotions when they are stopped by a traffic police inspector. Even if a person is completely confident in 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, there are often situations when a representative of the law demands to open the trunk of a car, the hood to compare license plates on the engine and body, or doors to inspect the interior of the cabin. At the same time, basic ignorance of the laws and weak-willed submission to the demands of the “traffic cop” can become the beginning of big problems and troubles for a good person. There are often cases when, after requests to open the trunk, there was “accidentally” a bag of an unidentified substance, a firearm or a bloody knife.

So can a traffic police inspector ask a car owner to open the trunk? In what situations would his actions be legal? And how to behave if the rules for inspecting a car by a traffic police officer are violated?

“Inspection” or “Inspection” - that is the question!

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

Carrying out a vehicle inspection involves:

visual inspection of the external parts of the machine;
the ability to look inside the car through the windshield, rear or side windows of the car;
There is no need to prepare documents to carry it out.

The inspection procedure requires compliance with certain standards:

drawing up a protocol recording the performed 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).

This 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 inside 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 the stopped motorist - this task rests entirely on the shoulders of the patrol officer. Moreover, an inspection of a car without drawing up a protocol, witnesses or filming can be regarded as “arbitrariness”. Such actions involve penalties for traffic police officers in the form of payment of a significant fine.

The protocol has been drawn up, the witnesses here - what next?

In compliance with the law, the traffic police officer must indicate in the protocol a compelling reason that forced him to begin the search. When conducting an inspection inside the cabin or trunk, the traffic cop may ask the owner to move this or that item, lift the rug or remove the protective cover, but he himself should not touch personal belongings . He also does not have the right to ask to see the contents of a purse, handbag or pockets - this is classified 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 drawing up a protocol is mandatory. In this case, witnesses must also be of the same gender as the person being searched.

The inspector's deliberate delay and inaction 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 punishable by law.

It is important to know that the protocol drawn up by the traffic cop does not have to be signed if you do not agree with its contents. Moreover, the inspectorate employee is obliged to give you a copy upon request for your personal use.

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

In response to a verbal demand or request to open the doors, hood or trunk of the car, the owner must politely refuse and ask to file a 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 warning triangle. What to do in such cases?

Professional drivers and experienced car enthusiasts 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 home and, of course, are there now. However, to conduct an inspection, the law enforcement officer needs to 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 fire extinguisher to traffic police officers, which means that the requirement to show them is unlawful and can be challenged in court.

What to do if a law enforcement officer does not comply with the law?

A patrolman who voluntarily began searching a car and ignoring calls to obey the law can plunge not only a novice car enthusiast into a stupor, but also an experienced “driver” with many years of experience. At the same time, the illegal behavior of a law enforcement officer should not go unnoticed - you should immediately dial the police emergency number 02 (or 102 from a mobile phone).

However, you should not interfere with such illegal actions of the inspector - you can provoke aggression, a fight or inappropriate behavior towards yourself.

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

To prove the inspector’s guilt, you must submit an application to the prosecutor’s office within 10 calendar days from the date of the incident. In this case, video footage and eyewitness testimony can become significant evidence of what happened.

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

At the same time, excessive emotions will only aggravate the tense situation and can cause a serious conflict. You should communicate with the inspector in a humane manner - this will help to avoid misunderstandings, serious showdowns in court and proving that you are right. However, if the case goes to court, you should get a good lawyer and educate him in all the intricacies of the situation.

You can also get a free consultation from a car lawyer on our website.

Inspection and inspection: what to do if the inspector asks you to open the trunk

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. Good luck on the roads, and stay in touch with Kolesa.ru!

What 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

Clause 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.

Clause 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.

Clause 156. Inspection of a vehicle is carried out in the presence of two witnesses.

Clause 157. Inspection of a vehicle is carried out in the presence of the person in whose possession it is...

Clause 160. The vehicle is inspected after the driver and passengers have left the vehicle and their behavior is monitored by the squad officers.”

Clause 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.