Stop and Search: Know Your Rights
More and more often we hear stories of police stopping people, demanding to see the contents of their pockets, bag, or backpack, and justifying this as a “stop and search.” These stories tend to get publicity, and many people are left wondering: what exactly is a stop and search, and which police actions are legal and which are not.
Let’s break it down
A stop and search is one of the preventive measures the police may use to prevent offenses.
What to know if police officers have stopped you and want to conduct a stop and search:
- the officers must introduce themselves and clearly explain the reason for the stop and its grounds;
- only an officer of the same sex as you may carry out the search, except in urgent cases — and even then it is done not by hand but with special devices (think of walking through the scanners at the Women’s March);
- a stop and search means “running a hand over the surface of a person’s clothing,” not patting you down and trying to feel every seam of your clothes;
- an officer has no right to rummage through your pockets or your bag;
- a stop and search requires no report or paperwork, and no official witnesses are involved.
- you have the right to record everything that happens during the stop and search on your phone camera.
Do not count on police officers’ integrity — record everything so that any violations can be identified.
If your rights were violated during the search:
- call the Ministry of Internal Affairs hotline at 044 287 82 82. Describe in detail what happened and be sure to note down the case number you should be given;
- file a written complaint about the officers’ unlawful actions with the main National Police directorate of your region or city. Describe the situation in as much detail as possible and include information about the officers who violated your rights. You can send the complaint to the official email address listed on the relevant directorate’s website, or by mail (in that case, send it with a list of enclosures and delivery confirmation).
You can also turn to human rights organizations for help. For example, Insight NGO — write directly to [email protected].
A reminder: our legal service provides consultations to members of the LGBTQI+ community FREE OF CHARGE.
One more note: when talking to police officers, avoid jokes like “sure, I’m carrying a weapon.” It will not end well. Do not commit offenses and do not carry prohibited items
Author: Oksana Huz, attorney and expert at Insight NGO.
Author: Oksana Huz