Therefore, only a few car owners ask the driver to close the door after discovering that they have lost their mobile phones or wallets on the bus, and passengers are not allowed to get off the bus and then call the police. Because it is very likely that you can't find it, but you have to face the accusation of delaying the time of other passengers and searching the privacy of other passengers. The reason why "body search" is still so common can only be attributed to the fact that the base of "stolen on the bus" is too large, and many car owners cannot easily bear this loss.
So what do the police usually do after calling the police?
Every time such an incident happens, different policemen do different things. Looking through the reports of similar cases, we can find that the practices of different police officers can be quite different. We can roughly sum up seven different attitudes, and respond to the owner's request from high to low: a, enter the police station and search one by one; B, let the owner search without the consent of the passenger; C, let the owner search after obtaining the consent of the passengers; D, the police check themselves, but it is similar to perfunctory; E. Persuade passengers to cooperate with the owner's search, but refuse the owner's request to let them search; F. Persuade the owner not to search on the spot, and the passengers will take the initiative to display the items without looking; G, directly tell the owner not to search at will, and take the owner away to make a record.
Take two incidents in Wuhan in February of 13 and in Guangzhou in February of 14 as examples: Wuhan girls asked to search passengers' bodies and bags, and the police first persuaded passengers to cooperate, but half of the passengers agreed and the other half resolutely refused. When the girl insisted on searching the other half of the passengers, the police refused; After the Guangzhou police arrived at the scene to understand the situation, "search the passengers one by one at the door, check one and put one." However, according to many netizens, the police search was very loose. "It's looser than subway security. How can we find the thief? " "The police just asked all passengers to take out their mobile phones and have a look. If there is a bag, open it. "
According to passengers, in an incident in Guangzhou in 2008, "the police let the bus drive directly into the He Lin Street Police Station". Passengers on the bus got off in order and were searched one by one. This kind of inspection seems to be very strict, and many people complain about the search frequently. However, people were upset and finally failed to find the lost wallet.
In addition, some netizens recalled an incident in which a bus in Beijing lost its wallet. "The police came and said that there is no law that everyone should take a bus or search at will, and it is not certain that they were left in the car. Take away the person who claims to have lost something, make a record and let the driver drive as usual immediately. "
How do legal persons view such incidents is also varied? In many reports on such incidents, the opinions of legal persons are also scattered, and there are quite a few inconsistencies:
Lawyer Lin Yuyang, legal adviser of Southeast Morning Post, believes that it is a means of investigating cases for the police to inspect passengers one by one. According to the law, the police have the right to inspect suspects and exclude suspects through such searches. If passengers don't cooperate with the search, it will only give criminals an opportunity to make thieves more arrogant.
Ma Xitu, a well-known lawyer in Shenyang, believes that unless the driver and the owner have locked the suspect, they have no right to prevent other passengers from getting off the bus normally. However, the law emphasizes that any citizen should have the obligation to report to the police and assist in detecting the case when a crime occurs, so other passengers should also actively cooperate with the investigation.
Yan Guoya, a lawyer of Jiangsu Shengdian Law Firm, said, "The police can conduct a search, but they must apply to the higher authorities according to the needs of the case and obtain a search warrant before they can conduct a search."
Lawyer Feng Jiaqi, director of Hubei Jiutongsheng Law Firm, believes that all the passengers on the bus are unspecified suspects. The police can only persuade passengers to cooperate, but not force all passengers to be searched. There is no problem for passengers to refuse to search.
Lawyer Yu of Shandong Chenggong Law Firm said that the police must have preliminary evidence when searching the parties. In response to this incident, the police have no reasonable and legal evidence to prove that the passengers in the car are suspected of theft, and no one has been charged. It is obviously inappropriate to search all passengers.
To sum up, the legal person denies the owner the right to search other passengers, but there are different views on whether the police can check, the requirements for procedures and clues, and whether passengers can not cooperate.
From the perspective of reason and jurisprudence, this problem is really difficult to solve. In fact, the question of "should a bus lose its mobile phone and be searched" is not unique to the mainland. Similar incidents have occurred in Hongkong and Taiwan Province, although not so frequently, but once they occur, they are basically similar to the situation in the mainland. When the police cooperate too much with the owner's search, passengers will complain and protest against the abuse of police power.
This kind of thing is always controversial because the problem is difficult to solve.
From the owner's point of view, although it may be understood that there is little chance to get the mobile phone wallet back after it is lost, it is better to close the door and call the police to search than to do nothing. In fact, there have been cases in which thieves have been caught. After all, it is more important to recover your own property losses than to delay others' time and possibly invade privacy. Therefore, it is understandable to ask the car door to close the alarm and then search-many readers mentioned in their posts that they would do the same if they encountered similar situations.
For bus drivers, most will choose to cooperate with the owner. This is because, according to the lawyer, "passengers get on the bus with coins and form a de facto transportation contract with the bus company. The bus company has the obligation to ensure the personal and property safety of the passengers on board, and has the obligation to deliver the passengers to the bus stop chosen by the passengers smoothly. " The bus company should be responsible for the theft of passengers' property. Although the bus is also responsible for the punctual arrival of other passengers, it is an emergency to close the door, stop temporarily or drive to the police station in order to catch thieves. If the thief is caught, other passengers can claim compensation from the thief. If they can't catch the thief, there's nothing they can do, but they can't blame the bus driver for doing something wrong. For other passengers, although many people can understand the feelings of the owner, it may be unbearable to delay the time and cause huge losses, or to be forced to undertake a completely unnecessary search. Especially when there are many passengers in a car, the total social welfare loss caused by the delay may greatly exceed the economic loss of the owner. In this case, whether it is necessary to search other passengers before leaving is indeed controversial.
For the police, this kind of thing is difficult because of his difficulties. Because in this case, it is not easy for the owner to provide clues about the thief, and it is difficult for the police to judge whether the thief is still in the car. This makes it difficult to make a decision and decide to search. You have to face the risks of procedures and clues. If you don't search, you may let the thief go in vain and live up to the expectations of the owner. It is not easy to measure public safety and citizens' personal rights (privacy, time).
No wonder many similar phenomena have occurred almost every year for more than ten years, but they are often not properly solved.
Since it is a common and important public security situation, the police should issue reliable guidelines. However, the difficulty of solving the problem is not the reason why it cannot be solved. Since it is such a common and important public security situation to lose your mobile phone and wallet on the bus, and the public security problem depends on the social environment is not so good, then the public security department should try to solve this problem technically. For example, in the face of similar situations, the police have unified procedural guidelines to avoid seven different attitudes in the same situation, which will only make people more and more confused about this issue. Of course, specific to each bus theft incident, the situation will be different, which requires the police to respond flexibly, but it should be possible to make a relatively unified operation guide and inform the public for cooperation.
To issue such procedural guidelines, a lot of research is needed, such as mastering the number of bus pickpockets, the law of action, the effect of body search and so on. After quantitative evaluation and comprehensive consideration, the policy adopted by the police is likely to be better than the current situation. In fact, following the example of the Hong Kong police, issuing clear and standardized operational guidelines, such as the General Rules of Police and the Manual of Police Procedures, has always been a subject actively explored by public security organs throughout the country, but the public's awareness of this is limited. This shows that we should pay more attention to this problem, even improve the level, and it is best for the national police to have a unified case operation guide.
The introduction of this policy must not be done behind closed doors, and the opinions of the people should be fully considered. Issues involving many people's interests, such as "can you frisk a lost mobile phone on the bus", should not be considered rashly. The police in a certain place once gave people a "hint" in the media to deal with the bus theft. One of them said, "You should sneak up to the driver, tell him to stop or drive to the police station, and call the police quietly so that the thief has nowhere to escape." In this way, the thief may be caught, but other passengers are kept in the dark. Did it infringe on other passengers' right to know? If something important is delayed, who will bear the responsibility? Before considering these issues, the police should fully communicate with the public.