Section 3: Conduct of the procedure

The judicial police officer or, under the officer’s control, a judicial police officer, shall conduct interviews with the detained foreign national.Under the control of the judicial police officer, the foreign national shall be given the opportunity to provide the required documents and papers by any means. If necessary, the necessary checks are carried out. The foreign national is given the opportunity to provide the required documents by any means under…

Only for the purposes of verifying the right of movement and residence, the foreign national’s luggage and personal effects may be inspected and searched, under the supervision of the judicial police officer and in the presence of the foreign national, with the latter’s agreement or, failing that, after informing the public prosecutor by any means.If an offence is discovered, a report shall be drawn up separate from that provided for…

If the foreign national does not provide information enabling an assessment to be made of his/her right to move or reside, the verification operations may give rise, after informing the public prosecutor, to the taking of fingerprints or photographs in order to establish the person’s situation. Fingerprints and photographs are collected with a view to establishing the foreign national’s right to move or reside and may only be stored and…

During detention, when his participation in verification operations is not necessary, the foreign national may not be placed in a room occupied simultaneously by one or more persons in police custody.

The measures of restraint applied to foreign nationals detained pursuant to article L. 813-1 are strictly proportionate to the need for verification operations and for keeping them at the disposal of the judicial police officer.Foreign nationals may only be handcuffed or shackled if they are considered to be either dangerous to others or to themselves, or likely to attempt to abscond.