VEHICLE INSPECTION. ARTICLE 193. COPP.

VEHICLE INSPECTION. ARTICLE 193. COPP.

Commissioner Attached. Attorney Josué Camico.

CONCEPT. It is a methodical and systematic record that is carried out on any type of vehicle,
during a routine inspection at a police checkpoint or citizen security operation.
The purpose of the registration is to ensure the safety of drivers and passengers, as well as to stop
to individuals, locate and collect weapons and objects that compromise participation and
responsibility of the owner or driver of the vehicle or that serve as evidence for the
clarification of a punishable act.

Before proceeding with the inspection, the driver and other occupants will be warned if they
there would be, and if necessary, regarding the suspicion of objects related to a punishable act,
hidden in the vehicle. Proceeding with the inspection of the vehicle with due respect to the
physical, mental and moral integrity of individuals, using force only in case
strictly necessary and in the proportion required by the procedure, and without using weapons,
except in cases of legitimate defense.

WHEN A COURT ORDER IS REQUIRED TO INSPECT A VEHICLE.

a) When it is necessary to inspect a vehicle that is in a private parking lot

or the car that the suspect usually uses to locate organic evidence
(blood, semen, hair, body hair) or inorganic evidence (weapons, drugs, blunt objects)
related to the crime, a court order will be needed to ensure the legality of the
procedure.

b) The exception is that if during the implementation of a fixed or mobile checkpoint, the
The suspect passes through the checkpoint, in this case, a judicial order will not be necessary, as it is that
routine inspection, part of the daily work of the patrol officer and inspection can proceed
of the vehicle, without violating the legal norm. If any evidence is found and before
it will be collected a witness will be called to witness the finding, then it will proceed to its
seizure and detention of the suspect, considering the procedure a detention in
flagrancy.

VEHICLE INSPECTION.

Legal Basis: Article [Link].

It is a methodical and systematic record that is carried out on any type of vehicle.
during a routine inspection at a police checkpoint or security operation
citizen. The purpose of the registry is to ensure the safety of drivers and passengers,
as well as, detaining individuals, locating and collecting weapons and objects that compromise the
 participation and responsibility of the owner or driver of the vehicle or those that serve
as evidence for the clarification of a criminal act.

The police may conduct an inspection of a vehicle, as long as there is sufficient reason.
to presume that a person hides objects related to a criminal act in them.
The same procedure will be carried out and the same formalities will be fulfilled as the
planned for the inspection of people, that is, warning the person (owner or
vehicle holder) about the suspicion and the sought object, asking for his/her
exhibition

Before proceeding to the inspection, the driver and other occupants will be warned, if the
there will be, and if necessary, regarding the suspicion of objects related to an event
punishable, hidden in the vehicle. Proceeding to inspect the vehicle with proper
respect for the physical, mental, and moral integrity of individuals, using force
only in strictly necessary cases and in the proportion required by the procedure,
and without using weapons, except in cases of legitimate defense.

When a court order is required to inspect a vehicle

When a vehicle needs to be inspected that is in a parking lot

private or the car that the suspect usually uses, to locate
organic evidence (blood, semen, hair, body hair) or inorganic evidence (weapons,
drugs, blunt objects) related to the crime, a warrant will be needed.
judicial to ensure the legality of the procedure.

The exception is that if during the implementation of a fixed or mobile checkpoint, the
The suspect passes through the checkpoint; in this case, a court order will not be necessary.
that routine inspection, part of the daily work of the patroller, and one can proceed to the
vehicle inspection, without violating the legal standard. If any are found
evidence and before collecting it, a witness will be called to witness the finding,
then the seizure and detention of the suspect will proceed, considering the
procedure for an arrest in flagrante delicto.

REGISTER

Legal Basis: Article [Link].

When there is sufficient reason to suspect that there are traces of it in a public place
investigated crime or of any fugitive or suspicious person, unless it is mandatory
a search warrant, the police will directly conduct the search of the place.

When it is necessary to conduct a personal inspection or the registration of a piece of furniture or

closed compartment intended for personal use, in a public place, the articles will apply
that regulate the procedure for the inspection of persons or vehicles.

It will be requested that the person who resides or is in possession of the property witness the registration.
place, or when absent, to their representative and, in the absence of this, to any adult.
of age.
 According to the textual content of article 194 of the Organic Code of Criminal Procedure
that regulates therecords,it should be noted that it becomes repetitive regarding the
inspections. It should be noted that the first part of the regulation uses the phrase 'in'
a "public place" and the referred Code does not distinguish which are these places, for
legally there are places ofdomainpublic (parks, squares) and places of use
public (churches, theaters); it also does not specify in a specific way when it is
Is a search warrant necessary or mandatory for theregistrationfrom these places.

REGISTRATION. ARTICLE 194. COPP.

[Link] [Link].
Attached Commissioner. Lawyer Josué Camico Añez

ANALYSIS.

The standard in question presents two distinct situations:

The first, referring to public places, when there is sufficient reason to presume, that
there are traces of the investigated crime or of a fugitive or suspicious person, in which case the
police will directly carry out the search of the place, without a search warrant.
The second one, when it is necessary to carry out a personal inspection or the registration of a piece of furniture or
closed compartment intended for personal use, in a public place, such as a
cabinets, safes, briefcases. Which can take place in public domain and use sites.
(parks, plazas) or in those that are privately owned but publicly used (churches, theaters,
commercial stores) It will proceed according to the regulations that govern the procedure of the
inspection of persons or vehicles, and request a witness to be present for the registration.
So the records are intended to be applied in those situations that by
non-specific circumstances that 'without a court order' or 'that do not require a court order' arise
the need to review and examine one or several people; in a public or open place
closed; daytime or nighttime; or that is inside a vehicle and there are enough
reasons to 'presume' that some physical evidence is being hidden, concealed, or covered up
objects related to a crime or the perpetration of an offense.

The active and dynamic participation of criminal investigation bodies is due to the
intuition, to the police officer's sense of smell, considering that the person or persons who are in public view
or inside a vehicle depending on the place, the establishments or residences that
it is found around you, your attitude, your location, and the time elapsed in an area
specific factors are necessarily determining and justifiable to proceed
mandatory to a record without a judicial order.

The criminal investigative bodies, as much as possible and before proceeding with the search, must
enable the necessary fully identified witnesses to ensure the legality of the evidence,
 the legality of the procedure and that they can subsequently be promoted by the parties in
the oral trial. The recording of the registration for these cases must be presented
detailed identification of the witnesses authorized to witness the act.

Warning: In the event that the registration is intended to take place in a dwelling, establishment
Commercially located in the place, in its closed dependencies, or in inhabited premises, will be required.
the written order of the judge.