Police ask to open the trunk or show the bag — when a citizen can say "no"

The police ask to open the car trunk or show the contents of a bag — in such situations, many citizens do not know where the powers of law enforcement end and their own rights begin. The law allows police officers to check people, their belongings, and vehicles, but the procedure for such actions depends on the specific circumstances. At the same time, a superficial check and a personal search are different procedures, each with separate grounds and rules for conducting them.

The police can conduct a superficial check or a personal search of a person, their belongings, or vehicle. We explain in this article in which cases these measures are applied, what rights the police have, and what citizens need to know.

What is a superficial check

A superficial check involves a visual inspection of a person and their belongings.

During such a check, the person independently shows their belongings or vehicle, and the police officer does not touch the property but only inspects it. The officer may also run their hand or a special technical device, including a metal detector, over the surface of the clothing.

Additionally, the police officer has the right to demand to open the trunk or doors of a vehicle.

The grounds for conducting a superficial check may be:

• suspicions that the person has a dangerous or prohibited item;
• grounds to believe that the vehicle may be an instrument of committing an offense;
• assumptions that the offender or prohibited items are in the vehicle.

What is a personal search

A personal search is a more detailed procedure and involves inspecting the person's body and the items they carry.

In this case, the police officer and two witnesses must be of the same sex as the person being searched. During the procedure, the officer may touch the person with their hands and move their belongings.

Following the personal search, a separate protocol is drawn up, or the relevant information is entered into the protocol on an administrative offense or administrative detention.

The grounds for conducting a personal search are suspicion of committing an administrative offense or detention of a person for such an offense.

Can you refuse a check or search

A citizen may refuse to undergo a superficial check or personal search if they believe the police do not have legal grounds for such actions.

At the same time, it should be considered that the officer may interpret refusal as willful disobedience to a lawful demand or obstruction of official duties, which may be grounds for administrative or criminal liability.

How to appeal police actions

If a person believes the actions of law enforcement are unlawful, they can file a complaint with higher police authorities or go to court.

Submitting a complaint does not stop the police from acting. Law enforcement continues their actions until a relevant decision is made by the court or another authorized body.

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