Body search in Romania: police powers and your rights

This article is for information only and does not constitute legal advice. Every concrete situation must be analysed on its own facts together with a qualified criminal defence lawyer.

1. Why it is crucial to understand what a “body search” really means

Anyone can, at some point, be stopped by the police on the street, in a car, in a club, at a protest or in any other public place. The natural questions are: “What are the police allowed to do?”, “Can they touch me anywhere?”, “Can they search my pockets and bag?”, “Can they make me undress?”, “Where do their powers end and my rights begin?”

The answer does not lie in rumours, social media videos or “this is what I heard they usually do”, but in the Romanian Code of Criminal Procedure, in Law no. 218/2002 on the organisation and functioning of the Romanian Police, in the Constitution and in the European Convention on Human Rights (ECHR). In addition, specialised legal literature and the case-law of the European Court of Human Rights (ECtHR) explain where the line is drawn between a legitimate search and an abusive interference with your fundamental rights.

The aim of this article is to explain, in clear and accessible language:

when and how a body search may be carried out in Romania;
what the difference is between a criminal procedural “body search” and a police “frisk / pat-down / body check” under public order legislation;
which concrete rights you have during a search and how you can exercise them;
what you can do if you feel that the procedure was abusive or illegal.

2. Legal framework: where is the body search regulated?

2.1. Code of Criminal Procedure – Articles 165–166

In Romanian law, the body search is regulated by the Code of Criminal Procedure (Codul de procedură penală), in the section on search measures and other forms of search. In the current system, the core provisions are:

Article 165 – “Body search”;
Article 166 – “Physical examination of a person”.

In simplified terms, the Code defines body search as an external examination of a person’s body, including the hair, mouth, nose, ears, as well as the examination of the clothing and the objects that the person has on them or under their immediate control at the time of the search. The purpose is to identify traces of the offence, instruments used to commit it, or any objects relevant to finding the truth in a criminal case.

The Code also requires that a body search be based on a reasonable suspicion that such traces or objects will be found. It is not enough for an officer to act based on a vague “feeling”; there must be concrete factual indications connected to a criminal case.

2.2. Law no. 218/2002 – the “body check” carried out by the Police

In parallel, Law no. 218/2002 on the organisation and functioning of the Romanian Police regulates what is commonly called a “body check” or “frisk” – a control measure used for public order and safety purposes, different from the criminal-procedure body search.

Under this law, a police officer may carry out a body check and search the person’s bags or vehicle in order to:

identify and seize weapons, dangerous objects or substances;
find goods subject to seizure, stolen objects or items used in committing offences;
ensure safety when a person is taken to the police station or when certain areas are secured (for example, access to a protected building or event).

This “body check” is an administrative measure, aimed at preventing danger and maintaining public order. The body search under the Code of Criminal Procedure, on the other hand, is a probative measure inside a criminal case. The two regimes have different purposes, conditions and consequences, even if from the citizen’s perspective they may look very similar in practice.

2.3. Constitution and the European Convention on Human Rights (ECHR)

Body searches directly interfere with fundamental rights such as:

the right to physical and mental integrity (Article 22 of the Romanian Constitution);
the right to private and family life (Article 26 of the Constitution and Article 8 of the ECHR);
the prohibition of torture and inhuman or degrading treatment (Article 22(2) of the Constitution and Article 3 of the ECHR).

The European Court of Human Rights has examined many times body searches, in particular strip searches and intrusive examinations, and has held that, depending on the circumstances, they can violate Article 3 (if they are humiliating or particularly severe) or Article 8 (if they are a disproportionate interference with private life), even when they are formally “authorised” under domestic law.

In several cases, the ECtHR has also emphasised that such searches must be justified by a genuine security need or investigative purpose, carried out in appropriate conditions (privacy, presence of officers of the same sex, absence of unnecessary exposure to other people) and recorded properly. Otherwise, they can lead to state responsibility for violating the Convention.

2.4. Legal scholarship and practice

Beyond the legal texts and ECtHR case-law, Romanian legal journals and specialist monographs have developed a rich body of commentary on body searches: differences from house searches, the necessary procedural safeguards, and the practical limits on how far a search can go. For lawyers, these materials are important when arguing that a particular search was abusive or illegal and when seeking exclusion of the resulting evidence.

3. When can a body search be ordered?

3.1. The substantive condition: reasonable suspicion

The starting point is the requirement of reasonable suspicion. A body search may be ordered when there are concrete indications that it will lead to the discovery of:

traces of the offence (for example, traces of blood, explosive residue, biological material);
instruments or objects used to commit the offence (weapons, tools, marked banknotes, drugs, etc.);
documents or any other items relevant for clarifying the facts.

This condition is essential: a body search cannot be used simply as a method of intimidation, harassment, or “punishment” for a person who has annoyed the authorities. It must be linked to a specific criminal offence and a real investigative need.

3.2. Who can order a body search?

In a criminal case, a body search is ordered by a judicial authority (prosecutor, criminal investigation body acting under the prosecutor’s authority, or the judge, depending on the stage of the proceedings and the circumstances) under the rules of the Code of Criminal Procedure.

Unlike a home search – which normally requires a warrant issued by the judge of rights and freedoms – the body search has a somewhat more flexible regime, given that it is often necessary in urgent situations (for example, when there is a risk that traces or objects will be destroyed, ingested or disposed of if the authorities wait too long).

However, the decision to carry out a body search must always be recorded in a procedural act (ordinance, report, note in a main procedural document), and the way in which it is executed must be described in a dedicated report of the body search.

3.3. Typical scenarios in which a body search may be ordered

Without being an exhaustive list, some of the most common situations are:

flagrante delicto – when there are indications that the person caught in the act is hiding objects or traces linked to the offence (for example, drugs, a weapon, stolen jewellery);
when enforcing a warrant (arrest warrant, detention order, warrant to bring a suspect or defendant before the authorities);
when a person is brought to the police station and there are indications that they are carrying dangerous objects or items relevant to the case;
in the context of other investigative acts (house search, search of a vehicle, computer search) when new indications arise that the person is hiding something on their body or in clothes.

In all these situations, the body search is a means of finding evidence, not an informal sanction. It should last only as long as necessary and be limited to what is truly needed for the case.

4. How should a lawful body search be carried out?

4.1. Essential procedural steps

From the rules in the Code of Criminal Procedure and the general principles of criminal procedure, several core steps can be distilled for a lawful body search:

Identification and information – the person must be told who the officer is, which authority they belong to, and that a body search is about to be carried out. In practice, you can and should ask to see the officer’s ID card or badge.
Request for voluntary surrender of objects – before actually touching the person, the officer should ask them to voluntarily hand over the objects that are being sought (for example, “If you are carrying a knife, please hand it over now”, “Please hand over any drugs you might have on you”).
External examination – if the objects are not handed over, or there are reasons to believe that other items are hidden, the officer may proceed to the external examination of the body and clothes: checking pockets, collars, waistline, shoes, etc.
Respect for dignity and privacy – the search must be carried out in a way that avoids unnecessary humiliation, exposure or degradation. As a rule, strip searches should not be carried out in open public spaces if a more discreet alternative is available.
Detailed written record – the entire procedure must be documented in a body search report (or in another procedural document) describing the reasons for the search, the steps taken and the objects found.

4.2. Same-sex requirement and privacy conditions

Romanian law expressly requires that a body search be carried out by a person of the same sex as the person being searched. This is a concrete guarantee against situations that could be humiliating or abusive. Exceptions (for example, an extreme emergency where no officer of the same sex is available) would have to be justified by very strong reasons, and even then the authorities remain under a duty to protect the person’s dignity.

As a rule, there is no justification for a person to be completely undressed in public as part of a body search. In detention facilities or police stations, internal regulations usually require that intrusive searches take place in dedicated rooms, out of sight of other detainees or staff, with only the minimum necessary number of officers present.

4.3. Voluntary surrender versus full search

If, when asked, the person voluntarily hands over the objects or documents being sought, the authorities will often not need to continue with a more intrusive body search. However, if there are reasonable grounds to think that other items are still hidden (for example, based on intelligence, previous observations or visible bulges in clothing), the officer may still proceed with a full search.

From a defence perspective, it is important to insist that the sequence of events is accurately recorded in the body search report: the fact that the person was informed, that they handed over certain objects voluntarily, any objections or complaints they made, and the precise circumstances in which further steps were taken.

5. Body search vs. police “frisk” or “body check”

5.1. Different purposes and legal regimes

Although for a layperson both may feel similar (“they searched me”), legally speaking there is a clear distinction:

Body search – a criminal procedural measure aimed at obtaining evidence in a specific criminal case, governed by the Code of Criminal Procedure. It presupposes a reasonable suspicion that evidence of a criminal offence will be found.
Body check / frisk – an administrative / public order measure under Law no. 218/2002. It is used to ensure safety (for example, before entering certain areas, when taking someone to the station, in riot control situations) and to identify and seize dangerous or prohibited items.

In practice, the boundary between the two can sometimes become blurred. For example, a situation may start as a “body check” under public order legislation but quickly evolve into a criminal case, with the discovery of drugs, a weapon or stolen goods. From that moment on, the guarantees and rules of criminal procedure become fully applicable.

5.2. What a typical “body check” looks like

A standard police body check or frisk usually involves:

a quick examination of the person’s clothing by patting down the outside of the garments;
checking pockets, collars, waistline, armpits, and sometimes shoes, belts or hats;
asking the person to remove bulky outer garments (coats, jackets) which are then examined separately;
checking bags, backpacks or small luggage that the person is carrying.

Even in this context, the use of force must always be proportionate to the aim pursued and limited to what is strictly necessary to overcome genuine resistance or ensure safety. Slaps, kicks, insults or gratuitous humiliation are not part of a lawful body check.

6. Your rights during a body search

6.1. Right to dignity and physical integrity

Both the Code of Criminal Procedure and the legislation on the police impose a clear obligation on authorities to respect the dignity, physical integrity and honour of the person being searched. This means that, during a body search, you should not be subjected to:

insults, degrading comments or threats;
physical violence beyond what is strictly necessary to carry out the search safely;
unnecessary exposure of your body in front of other people.

6.2. Right to be informed

You have the right to know:

who is searching you (name and institution, shown on an ID card if you ask);
why you are being searched (in short, what is being sought and in connection with what type of offence or risk);
under which legal basis the search is carried out (Code of Criminal Procedure or public order legislation).

It is reasonable – and often helpful – to calmly ask: “What exactly are you looking for?”, “Under which law are you carrying out this search?” This not only clarifies the situation for you but may later be relevant for your lawyer when assessing legality.

6.3. Right to hand over objects voluntarily

You may choose to hand over voluntarily the objects or documents sought by the authorities. In many situations, this will mean that the search does not have to go further. You can also ask that the report notes clearly that the items were voluntarily surrendered, not discovered by force.

6.4. Right to comment in the search report

At the end of the search, you have the right to read the report (or to have it read to you) and to add your own comments or objections. You can, for example, ask that the following be recorded:

that you were not informed properly about the reasons for the search;
that the person who searched you was not of the same sex;
that the way the search was carried out was humiliating (for example, you were made to undress unnecessarily in front of other people);
any injuries or pain you experienced as a result of the search.

These remarks may later become important in court, when your lawyer challenges the legality of the search or when you bring complaints against those involved.

6.5. Right to challenge the legality of the search and to seek exclusion of evidence

If the body search was carried out in violation of the law, your lawyer can invoke its illegality in the criminal proceedings and request that the evidence obtained through that search be excluded. This is typically done during the preliminary chamber stage (camera preliminară), before the trial on the merits.

In practice, courts examine whether the search was ordered by a competent authority, whether the legal conditions were met, whether the procedure was recorded properly and whether there were any serious violations of fundamental rights that justify exclusion of the resulting evidence.

7. What the police are NOT allowed to do during a body search

As a rule, police officers and other authorities are not allowed to:

use physical or psychological violence when the person is not resisting and there is no danger;
carry out searches in a deliberately humiliating or degrading manner (unnecessary strip searches, mocking remarks, exposing the person to ridicule);
go beyond what is necessary in intimate areas without strong reasons and appropriate safeguards;
use “body search” as a pretext to access the content of your phone, laptop or other electronic devices; that requires a computer search (percheziție informatică) governed by specific rules and, as a rule, judicial authorisation;
retain personal documents or objects with no link to the case, especially those of a strictly private nature, unless there is a clear legal basis.

Where body searches are excessively intrusive, unjustified or carried out in degrading conditions, the situation may reach the threshold of a violation of Article 3 (prohibition of torture and inhuman or degrading treatment) or Article 8 (private life) of the ECHR. This can lead to condemnation of the state and to compensation for the person concerned.

8. Illegal body search: nullity, exclusion of evidence, liability of officers

8.1. Examples of irregularities that may lead to nullity

Some simplified examples of problems that may be invoked by the defence:

the search was performed without a genuine reasonable suspicion and without any real link to a criminal case;
there is no clear procedural act indicating who ordered the search and on what grounds;
the person who carried out the search was not of the same sex as the person searched, despite there being no exceptional justification;
the officers did not first request voluntary surrender of the objects but immediately resorted to an intrusive search;
no proper report was drawn up, or the report is so superficial that it does not describe what actually happened;
the search was used as a tool to obtain a confession or to pressure the person rather than to find physical evidence.

8.2. Relative nullity and when it must be raised

Most of the defects of a body search lead to what Romanian law calls relative nullity. This means that the defence must show that a concrete harm was caused to the person’s rights and that this harm cannot be remedied in any other way than by nullifying the act or excluding the evidence.

In criminal proceedings, such nullities are usually invoked in the preliminary chamber, where the judge examines the legality of the investigation and of the evidence. If the challenge is upheld, the judge may decide that the evidence obtained through the illegal body search is excluded and cannot be used at trial.

8.3. Criminal, disciplinary and civil liability of the authorities

In more serious cases, where the conduct of officers goes beyond mere procedural errors and amounts to abuse or violence, different forms of liability may be engaged:

criminal liability – for example, for offences such as abusive investigation, abusive behaviour, assault, torture or other crimes committed by public officials during their duties;
disciplinary liability – through complaints to the internal control structures of the Police or other competent bodies;
civil liability – through an action for damages if the person can prove a concrete prejudice (physical, psychological or reputational) caused by the abusive search;
in extreme situations, international liability – by bringing an application before the ECtHR after exhausting domestic remedies, if the search amounted to inhuman or degrading treatment or an unjustified interference with private life.

9. How to protect your rights in practice during a body search

9.1. What you can do “on the spot”

Try to remain as calm and polite as possible, even if you feel the search is unfair.
Ask clearly who the officers are and which unit they belong to; if possible, note down names or badge numbers.
Ask under which legal basis the search is being carried out (criminal procedure vs. public order legislation).
State explicitly if you feel humiliated or if you consider that certain steps are unnecessary or excessive.
If it is safe and lawful to do so, try to ensure that witnesses (friends, bystanders) can later confirm what happened.
At the end, read the report carefully and write down your objections in your own words before signing.

9.2. What you should do after the search

As soon as you can, write a detailed account of what happened: who was present, what was said, where it took place, how long it lasted, what exactly the officers did.
Keep copies of all documents given to you (search report, any warrants, summonses, etc.).
Contact a criminal defence lawyer without delay and provide them with all documents and your written account.
If the search was clearly abusive, discuss with your lawyer the possibility of filing a criminal complaint, a disciplinary complaint and, if appropriate, taking civil action for damages.

10. Minors, vulnerable persons and body searches

When the person being searched is a minor, is pregnant, has a disability or is otherwise in a clearly vulnerable situation (for example, visibly ill or in distress), the authorities’ obligations are even stronger:

any search must be carried out with extra care, sensitivity and proportionality;
the presence of a legal representative, trusted adult or lawyer is highly advisable and, in some procedures, mandatory;
strip searches or intrusive examinations of minors in public or in the presence of many people are especially problematic and may easily reach the threshold of degrading treatment.

In such cases, it is crucial to document everything thoroughly (medical reports, photographs of injuries, witness statements) and to seek legal advice as soon as possible.

11. The role of the lawyer in connection with a body search

The law does not always require that a lawyer be present at the moment of the body search itself, and in practice the search is often carried out quickly, before a chosen lawyer can arrive. This, however, does not mean that the lawyer’s role is secondary.

A criminal defence lawyer can:

check the legality of the act ordering the body search and of the report describing it;
identify possible procedural defects or violations of rights and raise them in the preliminary chamber or at trial;
help you formulate effective complaints (criminal, disciplinary) where necessary;
assess whether an action for damages or, in extreme cases, an application to the ECtHR is appropriate.

Even if the search is already over, a prompt consultation with a lawyer can make the difference between an abuse that leaves no trace and an abuse that is documented and can be sanctioned.

12. Frequently Asked Questions (FAQ) – quick summary

Is a body search the same as a police frisk or “body check”?

No. A body search is a criminal procedural measure governed by the Code of Criminal Procedure and is directly linked to a specific criminal case and a reasonable suspicion of an offence. A police frisk or body check is a public order and safety measure under Law no. 218/2002, normally aimed at finding weapons, dangerous objects or prohibited goods and preventing immediate threats.

Can I refuse a body search?

You cannot lawfully block a search ordered by a competent judicial authority. However, you can and should exercise your rights: ask who is ordering the search and on what legal basis, voluntarily hand over the objects sought, demand that your dignity be respected, and record your objections in the report. An absolute refusal may lead to the use of force within the limits of the law and may escalate the situation.

Can the police look through my phone or laptop during a body search?

As a rule, no. A body search does not cover access to the content of your electronic devices. For that, the authorities must follow the rules on computer searches (percheziții informatice), which generally require a separate authorisation and specific safeguards. Simply touching or patting down the device to see whether you are carrying it is different from examining its contents.

Does a body search have to be carried out by someone of the same sex?

Yes, the general rule in Romanian law is that a body search must be performed by a person of the same sex as the person being searched. This is a legal safeguard to protect dignity and privacy. Departures from this rule are hard to justify and must be based on exceptional circumstances.

What can I do if the body search was abusive?

After the search, you should write down a detailed account, keep all documents, and consult a criminal defence lawyer as soon as possible. Depending on the seriousness of the situation, it may be appropriate to challenge the legality of the search in the criminal case, to file criminal and disciplinary complaints against the officers involved, to seek compensation, and, in extreme cases, to bring the matter before the ECtHR.

13. Useful internal resources (on maglas.ro)

14. Have you been subjected to a body search and want a professional legal assessment?

If you are under investigation in a criminal case or have been subjected to a body search and have doubts about the legality of what happened, you can request a detailed assessment of your specific situation.

See the dedicated services page: Criminal law – defence services
Use the contact form: Contact – Măglaș Alexandru – Cabinet de Avocat