Often, drivers have a situation where they were stopped by law enforcement officers and required to show documents and the contents of the trunk. What should be done in this case and when it can be argued that the police exceeded their authority, explained on his Facebook page lawyer Roman Simutin.
“The police have the right to ask to open the trunk only in three cases: if there is an offender or a person restricting freedom in the car, there are prohibited things in the car; the car is the instrument of the crime or is located in the probable place of the crime. All this is listed in Art. 34 of the Law of Ukraine “On the National Police”. The check can only be carried out superficially, visually. The policeman has no right to open the trunk, car doors, rummage through your things, climb into the cabin. Remember: touching you, your things, climbing in the cabin - he has no right, because this is clearly an abuse of power - a crime. He can only ask to open the door or show the contents of the bag and conduct a visual inspection..
When asked how the driver should react in such cases, the lawyer replies:
“Be sure to demand an explanation of the reason for the inspection, it is desirable to remove everything. I will immediately announce their “legend”: training, interception plan, orientation. But if you ask for specifics, for example, what kind of violator is in your car, what and where did he do it, his orientation, when the interception plan was introduced, or where does the information come from that there are prohibited items in your car, ask for clarification of your rights, for example, for legal assistance, easily steal such policemen into a stupor and calmly go further. The effectiveness of the approach is 80% of cases.”
If this does not work, then you should call 102, call the investigation team and record the excess of authority by the patrol.
“Indicated actions are at least +15% efficiency. There are cases when forbidden things are found in the salon. Such methods were very often used before, especially under Yanukovych, to eliminate uncontrolled and opposition people.”
Before lawyer of criminal practice Ilya Vorobyov told whether criminal liability is provided for the seizure of a car during the war.
See also: How to exchange a driver’s license in a war
Source: Fakty
