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Reader question: Do French police have the right to see my ID?

The Local France
The Local France - [email protected]
Reader question: Do French police have the right to see my ID?
(Photo: Jean-Pierre Muller / AFP)

French police have some quite surprisingly wide-ranging powers that apply to everyone in France, whether resident or visitor.

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The Local subscribers in France are no doubt, responsible and law-abiding people - but, even so, it is very possible that they will find themselves in situations that involve contact with the police.

One reason for police to stop an ordinary civilian is for a contrôle d’identité (identity check). This is when a police officer stops to check your identity. 

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This can only happen under certain conditions: 

  • the officer suspects you have committed or will commit a crime; 
  • you are in a ‘dangerous’ location where crime is known to occur; 
  • the public prosecutor has ordered a particular area to be watched; 
  • or you are operating a motorised vehicle (a contrôle routière).

If you're driving, officers have the power to pull you over for an identity check - even if you were driving safely and within the speed limit - and a search of the vehicle and/or luggage may be carried out.

If you refuse to provide proof of identity, the police can find you guilty of refusing to obey or find you guilty of contempt and rebellion. Really.

READ ALSO ‘Don’t mess with French cops’ – Top tips for dealing with police in France

If you are not carrying any document that could prove your identity, the officer can take you to a police station to check your identity there. If this happens, the verification process must not last longer than four hours from the first request for ID - in Mayotte, this period is eight hours.

If you maintain your refusal to be identified, or if there is no other means of establishing your identity, the public prosecutor or the investigating judge may authorise the taking of fingerprints and photos.

Refusing to submit to fingerprinting or having a photograph taken is punishable by a fine of up to €3,750 and three months in prison.

Activists and NGOs argue that police practice racial profiling when they perform ID checks and it's true that these ‘random’ checks seem to happen more frequently to people of colour.  

READ ALSO What to do if you are arrested in France

Non-French citizens who are resident in France may also have to prove their right to residency - a passport or residence permit is acceptable as, importantly, is the confirmation of anyone with you who is either a French citizen or legally resident in France.

READ ALSO EXPLAINED: What are your legal rights as a foreigner in France?

In France, it is strongly recommended that you carry some form of ID at all times, just in case you are stopped by officials. In fact, no text obliges you to have an identity card but if you are subject to an identity check, the procedure will take longer if you cannot present an appropriate document.

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French citizens have ID cards, but if you're not French then a passport or residency card such as a carte de séjour are the most usual ways to prove ID. 

Equally, you may be required to prove your identity for any number of administrative reasons - which makes it easier to have some form of ID with you.

These include, for example, the following situations:

  • Examination or competition;
  • Registration at Pôle Emploi;
  • Registering on electoral rolls and voting in elections;
  • Certain banking operations (payment by cheque, withdrawal at the counter of your bank);
  • Picking up a parcel from the post office
  • A trip abroad

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Join the conversation in our comments section below. Share your own views and experience and if you have a question or suggestion for our journalists then email us at [email protected].
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Anonymous 2022/08/19 09:59
Is a French drivers license considered proof of identity by the police?

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