Security check: body search, bag check, vehicle check...

Verified 13 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Did a security guard check your carry-on at a store? Did a police officer search the trunk of your car? You had a security pat-down at a sporting event? This page shows the rules for the security check. In all cases, the law specifies who can do the monitoring (judicial police officer, doctor...) and under what circumstances.

The safety palpation is an external search, above clothing, for objects dangerous to safety.

Palpation in police custody

When a person is placed in police custody, a police or gendarme officer may carry out a security pat-down.

The purpose of security pat-downs is to ensure that the person in custody does not carry a dangerous object.

The consent of the person is not mandatory.

Pat-downs should be done by a person of the same sex as the person being searched.

Palpation during an identity check

During a identity check, a police or gendarme officer may carry out a security pat-down when it appears necessary to ensure his or her safety or the safety of another person.

Security pat-downs are used to verify that the person being checked does not carry a dangerous object.

When circumstances permit, the safety pat-down shall be conducted out of public view.

Palpation outside any event (sporting, cultural...)

In special circumstances relating to serious threats to public security, a police or gendarme officer may conduct a security pat-down.

For example, in case of terrorist threat.

The express agreement of the person is mandatory.

The Prefect of the Department, or the Prefect of Paris, shall establish by order these particular circumstances.

The prefect shall fix the duration and determine the places or categories of places in which checks may be carried out.

For example, shopping malls.

If the person accepts the pat-down, it must be done by a person of the same sex.

FYI  

for access to and on board a boat, in the event of a serious threat to public security, a security pat-down may be carried out. The consent of the person is mandatory.

Palpation during a demonstration attended by more than 300 people

For access to the grounds of an event with more than 300 spectators, a security officer approved by the Commission d'Accreditation et de Control du CNAPS: titleContent may carry out a security pat-down.

For example, it may be a sporting or cultural event.

The express agreement of the person is mandatory.

Pat-downs should be done by a person of the same sex as the person being searched.

The procedure shall be carried out under the supervision of a judicial police officer (OPJ).

Full search

Full search, also known as hand search, which consists in searching the body of a person for objects which can be used to commit a infringement.

People may need to take their clothes off.

A full search is possible only in the following 4 cases:

  • Flagrant offense
  • Preliminary Inquiry, with the express agreement of the person
  • Letters rogatory
  • Investigation of customs fraud

A full search must be required for the investigation.

It is possible only if the safety pat-down or the electronic detection means are not sufficient.

The search is carried out by a judicial police officer (OPJ) of the same sex as the person in a closed and secluded room.

If the person refuses the search, the OPJ must notify the public prosecutor or the investigating judge.

Searching the body

General case

A search of a person's body is only possible in police custody, after a crime or a crime flagrant offense.

It is used when the person placed in police custody is suspected of transporting or concealing objects prohibited by law (narcotics...) inside his body (vagina, rectum...).

Only a doctor can search the inside of the person's body.

Customs control

A customs officer may order a search of the body of a person suspected of transporting narcotics.

The search is carried out by a doctor.

The person's consent is required.

If the person refuses, the officer must ask the judge for permission to have the examination carried out.

The judge must then appoint a doctor.

In case of refusal of the person to submit to the medical examination decided by the judge, a penalty of 1 year in prison and €3,750 there is a fine.

Search in public place

General case

A search of a person's personal belongings (bag, wallet, pocket...) is considered a search.

Only one judicial police officer (OPJ) or a constable may search a person's personal belongings, if flagrant offense, preliminary investigation or letters rogatory.

A customs officer may conduct a search for fraud.

Surveillance, security or guarding agents, including authorized agents employed by private businesses, may visually inspect hand baggage.

They may also, with the person's consent, search them.

However, they may perform their duties only within the buildings or within the limits of the places in their custody.

Terrorist acts

If any terrorist acts have been committed, the public prosecutor can identify places where inspections and searches can take place.

For example, a shopping mall.

In this context, the judicial police officer (OPJ) can visually inspect or search baggage for up to 24 renewable hours.

A volunteer serving as a soldier, acting on the order and under the responsibility of the OPJ, can also carry out these visual inspections and searches.

The visual inspection or search of the baggage must take place in the presence of the owner.

If the baggage owner so requests, the OPJ shall draw up a report indicating the place, date and time of the start and end of the visual inspection or search.

A copy of the minutes shall be given to the owner and another copy shall be forwarded to the public prosecutor.

Job search

Rules and regulations The opening of an employee's record can be carried out only in the cases provided for by the company.

The employee must have been informed of this opening.

The search of an employee's personal belongings may take place for reasons of collective security (for example, risk of attack) or for reasons related to the search for stolen objects.

The employee must have been notified in advance and have given his agreement.

He may require a witness.

For example, a staff representative.

If the employee refuses, the employer may call a judicial police officer (OPJ) to search his personal belongings.

Excavation at school

In schools, only one judicial police officer (OPJ) can search a student's personal belongings (bag, locker...).

The student must be present if his or her belongings are searched.

Search on board a boat

For access to and on board a vessel, baggage may be visually inspected and, with the agreement of the owner, searched.

General case

A search of a vehicle is possible in the following cases:

  • In case of suspicion of crime or blatant offense committed by one of the occupants
  • At the request of the public prosecutor in the course of investigations or legal proceedings of certain infringements.
    For example, terrorism, drug trafficking, participation in a demonstration or public meeting while carrying a weapon.
  • To prevent a serious threat to the security of persons and property.
    In this case, the consent of the driver is mandatory.
    In case of refusal, the vehicle is immobilized for a maximum of 30 minutes pending the instructions of the public prosecutor.

The search must be conducted by a judicial police officer (OPJ) or, under his responsibility, by a judicial police officer or a deputy judicial police officer.

Customs officers have the power to search vehicles for customs fraud.

The search must be conducted in the presence of the owner.

Vehicle for dwelling

The search of a dwelling vehicle (for example, houseboat, caravan...) must be carried out as part of the search by a judicial police officer (OPJ) with the owner present.

It can thus take place:

  • In case of flagrant offense, without the consent of the person
  • During a preliminary investigation, with the consent of the person
  • With a letters rogatory

The search of the dwelling vehicle may only take place 6:00 to 21:00.