When can a patrol officer conduct a personal search or inspection? Lawyer explains
Tigran Grigoryan, Director of Hayts law firm and host of the program “Orenachap”, has addressed questions regarding personal searches and inspections conducted by patrol officers. Grigoryan clarified whether it is lawful for an officer to check a person’s pockets on the street.
“Patrol officers, as representatives of police forces, have the authority and jurisdiction to conduct personal inspections under Article 263 of Armenia’s Code of Administrative Offenses. Particularly, police and patrol officers can conduct a personal search, and this must be done by an authorized person of the same sex as the person being searched, and in the presence of two juniors of the same sex,” Tigran Grigoryan says.
According to the lawyer, a record is made of any personal inspection or search, either in a separate protocol or within the administrative offense or detention report. However, a personal inspection cannot be conducted by the patrol officer arbitrarily—there must be a legal basis, such as the prevention of an administrative offense or suspicion of an offense already committed.
“During an inspection, a police officer may ask an individual to voluntarily present any objects or prohibited items in their possession but cannot forcibly search pockets or belongings against the person’s will,” Grigoryan said.
Regarding personal searches, the lawyer explained that police officers, including patrol officers, are authorized to conduct them only when a person has been arrested for an alleged crime or if there is an immediate and well-founded suspicion of a crime.
“The actions of the police officer cannot be arbitrary. If it is later determined that there was no justified suspicion, the officer involved could face legal consequences, including criminal liability. Remember, that the personal inspection is a criminal act,” Grigoryan notes.
A personal search may be conducted only if there is sufficient reason to believe that the individual possesses objects, materials, or documents related to an alleged crime.
For details, watch the video:
