Antisocials deceive with police suits in false controls to commit robberies during personal and vehicle searches: this indicates the COIP on the procedures

The cases of those who have been robbed by antisocials who pretend to be police officers wearing clothing similar to that of the institution are becoming common. Even in the Samborondón avenue sector, kidnapping attempts and robberies of alleged police officers who stop the march of people for false “routine checks” have been reported.

During the first week of January, the case of an antisocial who was part of a criminal gang and wearing a uniform similar to that of the police, collaborated in robberies on the road to the coast. The individual stopped the potential victims by simulating a routine control and that was used by the rest of the gang to rob people.

He pretended to be a policeman to stop the march of drivers and rob them until he was apprehended on the road to the coast

The man was apprehended in the early hours of Wednesday, January 4, after the robbery of an informal taxi driver on the road to the coast. According to police information, the victim was leaving a race when she was intercepted by antisocials who were on board a car.

The alleged policeman was on a motorcycle and is the one who would have stopped the driver’s walk. For this reason he was arrested and in his possession the motorcycle and a firearm were found; meanwhile, the rest of the band managed to flee.

Regarding this case, police officers indicated that one of the characteristics to recognize this type of antisocial is that, generally, Police operations are carried out jointly, not personally, due to technical security measures.

The cases of alleged kidnapping and robbery attempts alarm the residents of Samborondón and Daule; Uniformed officers say they have no records of formal complaints

That is a recommendation to the public to avoid being a victim of crime.

Security experts report that a citizen can recognize that a police or traffic operation is true when the agents wear their uniforms and their identification in a visible manner.

“If you go down a street and people who appear to be police officers stop you to make a search, ask for documents, search vehicles, the normal thing is always to stop and collaborate with the authorities because no citizen is a fortune teller to find out if they are, indeed. , authorities or are criminals who walk in uniforms or disguised as Police. There is a problem that there is no real control in the preparation and sale of this type of uniforms, reflective vests similar to those of the Police ”, mentions the former prosecutor of Guayas Antonio Gagliardo.

According to the legal professional, this modus operandi it is recurring. He himself knew of a case in which antisocials set up a raid to break into the house of one of his clients.

“A citizen can ask the agent (police or traffic) to identify himself, to show a credential for these problems that exist,” says Gagliardo, who considers that from the Police and the Traffic and Mobility Agency (ATM) must be given that instruction to their uniformed officers as a practice so that the citizen feels safe.

A citizen can ask the agent (police or traffic) to identify himself, to show a credential for these problems that exist

Antonio Gagliardo, former prosecutor of Guayas

“That the citizen can take a photo, can review (credential) to avoid these things, no. He who does not do it does not fear it. It also depends a lot on the attitude, sometimes there are police or military members who are arrogant and do not want to give any information. I believe that there should be transparency in this, that is why the uniforms also have the names of the people”, says the ex-prosecutor.

What does the law say?

Article 478 of the Comprehensive Criminal Organic Code (COIP) establishes the rules for searches. There is mention there of the free consent of the requested person and the control of someone’s identity and superficial registration without a court order, as a preventive or investigative activity, for example. Below is the detail:

1.- The searches of people or objects and the seizure of items related to an infraction found in homes or other places will require authorization from the affected person or a court order. In the latter case, it must be motivated and limited only to what is exhaustively indicated in it and carried out in the authorized place.

2.- The consent freely granted by the person required to register a certain space will allow the search and seizure of the elements related to an infraction. Only able-bodied persons of legal age may give consent. The investigated person must be informed of their right not to allow the search without judicial authorization.

3.- The servants of the public force, without a court order, as a preventive or investigative activity, they may carry out identity control and superficial registration of people with strict observance in terms of gender and respect for constitutional guarantees, when there is a substantiated reason that the person conceals any type of information in their clothing. weapon that may endanger the safety of persons or there is a presumption that a criminal offense was committed or attempted or that provides clues or useful evidence for the investigation of an offense.

In the case of vehicle registration, article 479 of the COIP states that it may be done without judicial authorization in the following cases:

1.- In border areas or where customs exercises control. In no case should the search interfere with the privacy of the passengers.

2.- In routine police and military controls. In no case should the search interfere with the privacy of the passengers.

3.- In the event of well-founded reasons or presumptions about the existence of weapons or the existence of elements of conviction in criminal offenses.

4.- If the driver does not justify documented and legally the circulation, registration or origin permits of the merchandise.

5.- Due to the fact that a flagrant offense has been committed. The official who has falsified the commission of a flagrant crime to register a vehicle will be dismissed from his position, without prejudice to the civil or criminal actions that may result.

Only in the cases of the second, third and fourth numerals of this article may a superficial search of people be carried out, with strict observance in terms of gender, age or priority attention groups and respect for constitutional guarantees.

Can police officers or traffic agents be filmed during controls?

Based on article 471 of the COIP, lawyers consider that it is, since being officials or agents of the State, their acts are of a public nature. If the recording captures the commission of a crime by the servers, that material must be placed under the orders of the Prosecutor’s Office to investigate the case.

The article in reference to the records related to an act constituting an infringement states:

Police set up a false operation to rob a company; one had finished the early morning shift and another was on medical leave

“Audio recordings, video images or photography related to an act constituting an infringement, recorded spontaneously at the very moment of its execution, by social media, by surveillance or security cameras, by any means, do not require judicial authorization. technological means, by individuals in public places and free circulation or in cases in which audio or video recordings obtained by one of the parties are disclosed, in which case the preservation of the entirety of the data record will be required so that the recording have probative value.”

Both in police interventions and traffic guards there have been cases of citizens who have recorded the procedures to record alleged irregularities or as proof of possible abuses of authority. (YO)