What are your rights if police pull you over in France?

Reader Question: If I am pulled over for a roadside check by police can I refuse a check of my vehicle? What documents will I be asked for? 

Law enforcement (police officers and gendarmes) have the right to pull over any driver for a roadside check in France. 

This can be part of random spot checks during patrols, increased checks in a certain area due to high offence statistics (speeding, driving under the influence, etc), or if a driver is acting suspiciously or driving erratically.

They can – but do not always and are not required to – explain why they have pulled you over.

As part of the check, they can ask to see various documents as well as check your vehicle – our article here explains the process in more detail. 

Drivers cannot refuse to interact when pulled over and doing so is itself an offence (délit).

This puts them at risk of penalties up to a three-month prison sentence, a fine of up to €3,750, and a six-point suspension from their licence, on top of any other related offences.

Drivers can state if they are facing an emergency situation (for example, taking a person to hospital, or the maternity ward, etc), but this is judged by police on a case-by-case basis when stopping vehicles. 

However, drivers can say ‘no’ to having their vehicle searched (une fouille) during an ordinary spot check, unless the officers have clear evidence that you are committing a serious criminal offence. 

Exceptions exist however, during specific events (eg. protests, festivals) within defined areas and (with permission having been given by the public prosecutor) during heightened checks due to terrorist risks in defined areas. 

Note, however officers do have the right to ask to be shown that the vehicle has the required yellow warning jackets and warning triangles needed in case of motorway breakdown, as part of the standard pulling-over process (a triangle should be kept in the boot). 

Can police be filmed? 

Drivers are free to act as they wish – remain in the vehicle, get out to talk to officers, etc – as long as they remain respectful.

They are also free to film the interaction if they so wish. 

Ordinary police officers and gendarmes do not benefit from any additional protections relating to being filmed during their job, and cannot ask drivers or other people in the vehicle to stop filming. 

Only special units (unités spécialisées ou d'intervention, such as anti-terrorist or emergency response police) benefit from these privileges during missions.

However, general rules on filming must be followed, as laid out in Article 226-1 of France’s Penal Code, which state that recordings must not be made in secret. 

In addition, recordings should not be published to the wider public (although can be kept to use in legal proceedings). 

If you are unhappy with your treatment by police, you can file a complaint with France’s civil liberties commission (Commission nationale de l'informatique et des libertés, CNIL).