Administrative detention is always unpleasant. Should I be afraid of him? In principle, no? Should I go to the police station every time a police officer insists on it? Not. The fact is that administrative detention can be made only for:
- identification of the person who committed the offense;
- suppression of an offense (administrative);
- drawing up a protocol, if there is no way to issue it directly on the spot.
Police officers can draw up reports only on those administrative offenses that are prescribed in the Code of Administrative Offenses. The police officer must explain to the offender (or simply the detained person) for what purpose he wants to be taken to the police station.
Delivery to the police station should be done in a short time. All actions must be recorded.
Administrative detention is a short-term restriction of freedom, possible in certain cases. At the request of the detainee, his relatives should be immediately notified of the incident. Alert and a lawyer are also possible. Citizens have the right to refuse to testify until their counsel arrives. The detainee is read his rights. This is also recorded in the protocol.
The protocol on administrative detention must contain information about the place, reasons, the person who made this arrest. The detention time is the time of delivery to the department.
Administrative detention, the period of which under ordinary circumstances cannot exceed three hours, in cases specified by law, may last even longer. Such cases include violation of customs regulations, state borders and so on. Also, the period may be extended in the absence of the opportunity to establish an identity.
In some cases, administrative detention can last up to fifteen days. We are talking about petty hooliganism and so on. A curious fact is that the period of detention of a person who is intoxicated begins at the moment when the person is sober up. Of course, this deadline is very difficult to establish. Police officers speculate in such situations very often.
With this detention, a personal search is possible. The rules under it must be observed as follows:
- the presence of two witnesses;
- the premises in which the inspection is carried out must be clean and in accordance with sanitary and hygiene standards;
- the search should be carried out only by persons of the same gender as the detainee;
- Before the inspection, authorized persons must offer to voluntarily present hidden objects.
Inspection without witnesses is possible only in cases where there is reason to believe that the detainee carries weapons, explosives, and so on.
The record of the inspection should be recorded in the protocol.
Documents, as well as things that are an instrument of crime during personal search are seized. Everything else should remain with the detainee. All items seized and discovered from a person are entered into the protocol. They should be described in detail. The protocol is signed by the person who drew it up, understood, and also to those from whom these things and documents were seized. The latter should be given a copy of the protocol. Administrative detention, as well as inspection of things, personal searches, seizure of documents and things can always be appealed. The complaint is submitted to a higher authority. It is also possible to appeal through the court.
From the day the copy of the decision is received, the complaint shall be submitted within ten days. Recovery is possible, but only in certain circumstances. Administrative detention is not difficult to appeal, but it will be necessary to prove that it was carried out in violation of certain standards.