-
The above-mentioned acts of police officers at police stations are illegal, and two or more people shall be required to carry out inspections and present law enforcement identification, and no matter from the investigation and collection of evidence or ordinary official conduct, they must not enter private houses for inspection without permission.
Law of the People's Republic of China on Public Security Administration Punishments》 Article 87: Public security organs may conduct inspections of places, items, and persons related to violations of the administration of public security. During inspections, there must not be fewer than two people's police, and they shall present their work identification and inspection certification documents issued by the people's ** public security organs at the county level or above. Where it is truly necessary to conduct an inspection immediately, the people's police may conduct an on-site inspection upon presentation of their work identification, but the inspection of citizens' residences shall present the inspection certification documents issued by the people's ** public security organs at the county level or above.
-
1) Call 110 to call the police;
2) Hit the mayor ** to complain;
3) Online reporting;
4) Post for help;
5) Don't kill!
-
Report to the supervision department at the level above.
-
Section 5: Searches.
Article 134: In order to collect evidence of a crime and find the offender, investigators may conduct a search of the body, belongings, residence, and other relevant places of the criminal suspect and persons who might be hiding the criminal or evidence of the crime.
Article 135: All units and individuals have the obligation to follow the requirements of the people's procuratorate and public security organs to hand over physical evidence, documentary evidence, audio-visual materials, and other evidence that can prove the guilt or innocence of the criminal suspect.
Article 136: To conduct a search, a search warrant must be presented to the person being searched.
In the event of an emergency when arresting or detaining, a search may be conducted without a search warrant.
Article 137:During a search, the person being searched, his family, neighbors, or other witnesses shall be present.
Searches of women's bodies shall be carried out by female staff.
Article 138: The circumstances of the search shall be written into a record, and the investigators and the person being searched or his family, neighbors, or other witnesses shall sign or affix a seal. If the person being searched or his family members are at large or refuse to sign or affix a seal, this shall be noted in the record.
What can cause a search is a criminal case, at least minor or serious injury, and the point is that you may not know the full extent of the case, whether something else happened in the course of the argument, or whether it was because of something else.
-
No, you will need to present the appropriate documents.
People's Police Law of the People's Republic of China:
Article 9: In order to preserve public order and public order, the people's police of public security organs may interrogate and inspect persons suspected of violating the law or committing crimes on the spot upon presentation of relevant identification; In any of the following circumstances after interrogation or inspection, they may be brought to the public security organs, and upon the approval of the public security organs, they may be continued for interrogation:
1) Accused of criminal conduct;
2) There is a suspicion of committing a crime at the scene;
3) There is a suspicion of committing a crime, and the identity is unclear;
4) The items carried may be stolen.
The period of retention in custody for the person being interrogate is not to exceed 24 hours from the time they are brought to the public security organs, and in special circumstances, it may be extended to 48 hours with the approval of the public security organs at the county level or above, and a record of the interrogation shall be retained. Where continued interrogation is approved, their families or their units shall be immediately notified. Where continued interrogation is not approved, the person being questioned shall be immediately released.
Where, after continued interrogation, the public security organs find that it is necessary to take detention or other compulsory measures against the person being questioned in accordance with law, they shall make a decision within the period provided for in the preceding paragraph; Where the above decision cannot be made within the period provided for in the preceding paragraph, the person being questioned shall be immediately released.
People's Police Law of the People's Republic of China:
Article 13: People's police of public security organs may have priority in taking public transportation due to urgent needs for the performance of their duties and upon presentation of corresponding identification, and when encountering traffic obstructions, they may be given priority in passage.
As needed for the investigation of crimes, public security organs may, when necessary, and in accordance with relevant state provisions, give priority to the use of means of transportation, means of communication, venues, and buildings of organs, groups, enterprises, public institutions, organizations, and individuals, and shall promptly return them after use, and pay appropriate fees; where losses are caused, compensation shall be made.
Article 23: People's police must dress in accordance with provisions, wear people's police insignia or hold people's police identification, maintain a well-groomed appearance, and behave in a dignified manner.
Article 36: People's police emblems, uniforms, and police equipment are to be uniformly supervised and produced by the public security departments, and managed in conjunction with other relevant state organs, and must not be illegally manufactured or sold by other individuals and organizations.
People's police insignia, uniforms, police equipment, and identification documents are for the exclusive use of the people's police, and must not be possessed or used by other individuals and organizations.
Where the provisions of the preceding two paragraphs are violated, the people's police emblems, uniforms, police equipment, or certificates illegally manufactured, sold, possessed, or used are confiscated, and the public security organs are to give up to 15 days detention or warnings, and may concurrently give a fine of up to 5 times the amount of unlawful gains; where a crime is constituted, criminal responsibility is pursued in accordance with law.
-
How do you know they're police if they don't show their ID?
A search warrant should be presented to enter a residential home, but if you open the door again, it will be considered if you open it voluntarily.
Let's put it this way, in reality, it is impossible for the police to be very polite and civilized in their law enforcement, especially when they are carrying out arrest tasks. Bring it back to the public security organ with the consent of the criminal suspect, so that both the guests and the host are happy. But the procedure must be in accordance with the regulations.
The situation you mentioned is that you have entered a resident's house without showing your documents and without permission, and you can report these two points to the petition department of the public security organ at a higher level, or you can report to the procuratorate at the same level.
-
Whether it is a search or an arrest, there must be legal process, a search warrant or arrest notice must be issued, and a work permit must be issued.
-
Violating your right to housing, privacy, or property security.
If he wants to search your home, you must issue a "search warrant", otherwise it is illegal and you can sue him.
-
There are two types of search warrants and inspection warrants, search warrants for criminal cases and inspection warrants for administrative cases. You can rest assured that as long as the police deem it necessary to search or inspect your home or your company, there will definitely be legal procedures.
There is no substantive difference between whether you sign or not sign a search warrant, and if you sign it, you have to search it or not, and it has legal effect. For example, there are 100 pistols in Zhang San's house, and the police come to search Zhang San's house, and Zhang San just doesn't sign the search warrant, so can you say that the police will leave, and then Zhang San will be fine? Even if the police ask Zhang San to sign after the search, and Zhang San refuses to sign, can you say that the police will sign if they say they will sign, and if they don't sign, they will not sign, Zhang San will be fine, and the pistol will not be found from Zhang San's house?
The second question you mentioned is that if the parties are not present, their families can be present, and if even the family members are not present, they can find witnesses who have no interest in the case.
-
When conducting a search, it must be conducted by investigators from public security organs, procuratorial organs, and other investigative organs, and there must be no less than two investigators carrying out the search, and a "search warrant" must be presented to the person being searched, otherwise the person being searched has the right to refuse the search. Those who do not have a search warrant have no right to search, and if they forcibly enter the house to search, they will be punished as the crime of illegal trespassing.
-
The so-called search, of course, is to search the entire space, some will also search the underground, roof beams, etc., and the search of the public security organs will also use some high-tech equipment, so it is generally difficult to escape.
-
Place it in a paper basket behind the toilet.
-
Why are you afraid that someone from the police station will come to your house and search it! People who put it in someone else's home and the police station can't find it, of course they will, they won't let go of any clues!
-
The police station is to conduct the search on the basis of the decision, and according to the needs of the search case, it may not discredit Hu Zhi's case
-
Hehe, good news for you, you've won. If a house is searched, a search warrant from a public security organ at or above the county level must be issued. There is no need for this.
But there is also bad news, if it causes damage to the property, it is compensation, if it does not cause damage, nothing will be paid, and it is useless if you win, but you can vent your anger, apologize, and eliminate the impact is still relatively cool.
For your additional question, you can immediately hire a lawyer for your youngest son, and you can hire a lawyer to represent you on your behalf from the date of the physical restriction. Bail.
-
China's Criminal Procedure Law stipulates that as long as the investigating organs deem it "necessary" to take measures such as search and seizure, they may carry out the relevant investigative acts on their own. It can be said that before taking the above-mentioned compulsory measures involving the infringement of citizens' privacy rights or property rights, investigators do not need to consider whether the evidence in their possession can prove that the suspect is sufficiently suspected of committing a crime, nor does they need to apply to a judicial and adjudication organ other than the public security organ or the procuratorate for a special search warrant, seizure order, or permission order for inquiry and freezing.
In the current situation, an administrative lawsuit can be filed in court.
And demand state compensation.
The police station does not have any right to detain the car, call 110 to complain to them. >>>More
The situation you said should be problematic, and it will not be put into waiting, negotiate to solve the problem, and wish you happiness in life. Life is a long period of self-cultivation, born lonely, and no one can accompany you through the whole process; Born to hesitate, there is always a time of confusion and helplessness. Running all the way, non-stop, one blow, one experience, one understanding, one understanding! >>>More
Fighting violates the Public Security Administration Punishment Law and shall be punished in accordance with law. >>>More
They all eat dry rice, you can just hit one by one and zero first.
Transferred out, because since the appraisal results have been made, but you don't hand it over to the police station, if you want to, of course, you can be transferred out.