Are police officers allowed to detain you as a passenger?

Larjk · #1 12.05.2020, 06:09

If you were a passenger in a car and a car was to be stopped by the police, would they be allowed to detain you as a passenger, if so for how long?

gipfelisturmer · #2 12.05.2020, 10:38

	Quote:	Larjk
	If you were a passenger in a car and a car was to be stopped by the police, would they be allowed to detain you as a passenger, if so for how long?

Detain (when stopped) for what reason?
If you were snorting coke in the passenger seat just as they walked to your window, for sure.

aSwissInTheUS · #3 12.05.2020, 10:47

	Quote:	Larjk
	If you were a passenger in a car and a car was to be stopped by the police, would they be allowed to detain you as a passenger, if so for how long?

This is the same as you are walking down the street minding your own business.So, yes. Possible. All depending on reason and circumstances.

How long? can be from minutes up to months. See specific cantons police law and the Swiss Criminal Proceeding Code starting at Art. 212 https://www.admin.ch/opc/en/classifi...ndex.html#a212

LuganoPirate · #4 12.05.2020, 11:56

Only if they suspect you of wrongdoing or being an accomplice in a crime. Otherwise why would they?

litespeed · #5 12.05.2020, 13:21

	Quote:	LuganoPirate
	Only if they suspect you of wrongdoing or being an accomplice in a crime. Otherwise why would they?

This is pretty much it.

Understand that the justice system here is more inquisitorial, not the blind justice system of anglo-saxon countries. If the evidence is strong enough you may be placed in "investigation detention" until the investigating judge determines you are to be charged (or released) and no longer represent a danger to said investigation.

eairicbloodaxe · #6 13.05.2020, 01:46

Errmm... What did you do / are you planning on doing?

Regards

Ian

doropfiz · #7 13.05.2020, 03:22

This is an example of how even a sober passenger might be doing something wrong, that the police would want to know about, and might take a passenger with them, to investigate, if they stopped a driver who turned out to have had too much to drink.

Here's a link from TCS, the Swiss equivalent of the AA (in this case Automobile Association, not Alcoholics Anonymous, although this link is about alcohol).

https://www.tcs.ch/de/testberichte-r...be-verweigert-

Bin ich als Passagier eines Fahrzeugs auch schuldig, wenn dessen Fahrer betrunken ist?
Ja, Sie sind auch mitschuldig und daher strafbar, wenn Sie als Passagier wissen, dass der Fahrer betrunken ist. In dem Sie sich nach Hause bringen lassen, ermutigen Sie das Fahren unter Alkoholeinfluss und werden somit Komplize des Verbrechens.

Und wenn ich als Passagier nicht bemerke, dass der Fahrer betrunken ist?
In diesem Fall muss festgestellt werden, dass Sie es nicht wissen konnten und, dass Sie kein Beweis hatten, dass der Fahrer betrunken ist – was relativ selten ist.

From deepl:
As a passenger of a vehicle, am I also guilty if the driver is drunk?
Yes, you are also partly guilty and therefore liable to prosecution if you, as a passenger, know that the driver is drunk. By having yourself taken home, you encourage drunk driving and thus become an accomplice to the crime.

And if I, as a passenger, do not notice that the driver is drunk?
In this case, it must be established that you could not have known and that you had no proof that the driver was drunk - which is relatively rare.

curley · #8 15.05.2020, 15:23

If you're a passenger in a car driven by a drunk driver you can even be fined. Doesn't matter if you're completely sober - or maybe that might even rise the fine, LOL.

omtatsat · #9 15.05.2020, 15:42

	Quote:	Larjk
	If you were a passenger in a car and a car was to be stopped by the police, would they be allowed to detain you as a passenger, if so for how long?

You mean you! Dont get me involved with your criminal activities

amogles · #10 15.05.2020, 15:43

Turn the question around. Does being a passenger in a car make you immune from arrest? Does that sound reasonable? And even if so, then why don't more criminals just sit in cars to avoid arrest?

Think things through and many questions answer themselves.

#11 15.05.2020, 16:15

just depends. Had you just arrived from Italy? Border guards certainly can detain you until they have checked your paperwork with other authorities and Interpol, etc.

curley · #12 15.05.2020, 23:12

	Quote:	amogles
	Turn the question around. Does being a passenger in a car make you immune from arrest? Does that sound reasonable? And even if so, then why don't more criminals just sit in cars to avoid arrest? Think things through and many questions answer themselves.

Hmmm, Faraday cage working as a protection from the police?

cannut · #13 15.05.2020, 23:30

	Quote:	Larjk
	If you were a passenger in a car and a car was to be stopped by the police, would they be allowed to detain you as a passenger, if so for how long?

depend what your smocking

HIAO · #14 16.05.2020, 08:37

	Quote:	cannut
	depend what your smocking

It was a long fabric wrap. Sarong, but felt so right.

They do say dress for the job you want. Although my boss says my space suit is inappropriate.

st2lemans · #15 16.05.2020, 09:31

	Quote:	LuganoPirate
	Only if they suspect you of wrongdoing or being an accomplice in a crime. Otherwise why would they?

Or if the driver is drunk.

Tom

k_and_e · #16 16.05.2020, 10:09

Is this thread just about trolling or what kind of a crime is the OP planning?

olygirl · #17 16.05.2020, 11:33

It was just a lark.