Personal search is an element of ensuring the security of citizens by the police. Its purpose is to detect objects that can be used or have already been used to commit an administrative offense. As in any other case of interaction with representatives of the law and order, you should know not only your responsibilities, but also your rights.
Body searches should not be confused with screening when entering major events or secure areas. The first option is compulsory action, examination for objects of the offense. The second is a voluntary act, if you refuse to do it, you simply will not be allowed into a certain territory. Personal search is a direct examination of a person and the things he is wearing.
Personal search procedure
Body searches do not imply prior receipt of any documents, sanctions (such as a search warrant) and violation of the structural integrity of things (for example, cutting the lining of clothing). In addition to the police, the FSB, the customs service, the drug control service, etc. have the right to conduct it. According to Part 4 of Article 5 of the Federal Law "On Police", before starting, you must be explained your rights and the reason for the inspection. To carry out this procedure, even a suspicion of the police that you have the items of the offense with you (poisonous, radioactive substances, ammunition, drugs, etc.) is enough.
Body searches can only be performed by someone of the same gender as you. During the search, the presence of two attesting witnesses of the same sex is mandatory. Moreover, police officers cannot be attesting witnesses: they must be citizens who are not interested in the outcome of the case and have reached the age of majority. A protocol is drawn up about a personal search (as well as an inspection of personal belongings or a vehicle), or a similar entry is made in the arrest protocol. After signing, you have the right to receive a copy of the protocol. It is advisable to do this so that the protocol is not "overgrown" with additions without your knowledge.
The above points have a number of nuances. For example, a police officer is not required to provide a copy of the search protocol if you have not received a request from you. If a video or photograph of the inspection was carried out, the protocol must contain the necessary mark about it. In exceptional cases (if there is a suspicion that you have a weapon), the search can be carried out without witnesses. The law does not yet provide for a clear wording of exceptional cases, but the police officer is obliged to clearly substantiate in the protocol the reason why the search was carried out without attesting witnesses.
Important points
A search is carried out when the police have reason to believe that a person has objects that can be used to commit offenses. These are drugs, weapons, ammunition, explosives, radioactive and poisonous substances. To refer to the procedure for police officers, even a simple suspicion of the presence of such objects in a person is enough.
Unfortunately, there are no special regulations on the content of the inspection itself. Here you can refer only to part 3 of article 1.6 of the Code of Administrative Offenses of the Russian Federation that when using measures of administrative coercion, actions (or inaction) that humiliate human dignity are not allowed.
