Identity check

Verified 19 August 2026 - Public Service / (Prime Minister)

In what situations can an identity check take place? Law enforcement authorities can control a person's identity in order to prevent a breach of public order, to identify the author of a offense or to prevent it from being committed. Control must always be justified. If it is not, it can be challenged. We present you the information to know.

Warning  

The conditions for supervision are the same for everyone, regardless of nationality. However, certain rules that apply to French nationals and nationals of do not apply to persons of foreign nationality.

French (or UE) nationality

The law enforcement authorities authorized to carry out an identity check are as follows:

  • (OPJ)
  • Judicial police officers, under the responsibility of the OPJ
  • Some deputy judicial police officers, under the responsibility of the OPJ.

Warning  

We must not confuse the identity check and the identity statement.

Some assistant police officers (municipal police officers, customs officers, etc.) may issue an identity statement when they finalize an offender. contravention. The same applies to public transport agents (SNCF, RATP, etc.).

The offender may prove his or her identity by any means.

FYI  

If an identity statement is made by the SNCF, the offender can show proof of identity from the app France Identity.

If the offender refuses or is unable to prove his or her identity, the authorized officer must immediately notify the geographically competent judicial police officer.

Once the OPJ has been notified, it may order the offender to remain at the disposal of the officer who drew up the report. The latter can also lead the author of the offense before the OPJ. If the OPJ is unreachable, the regulated agent shall not be entitled to detain it.

An identity check may be carried out in the following cases: to prevent breach of public order, to identify the alleged perpetrator of a offense, to combat the organized crime or the money laundering or to prevent an offense related to cross-border crime (Schengen control).

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Prevention control

Law enforcement can control a person's identity, regardless of their behavior, to prevent a breach of public order.

There must be a serious and current risk endangering the security of persons or property at the place and time of the control (e.g. terrorist threat).

Please note

The identity check may be accompanied, with the consent of the person concerned, the inspection (search) of his vehicle and/or the visual inspection of baggage or its search.

Control related to an infringement

Identity checks at the initiative of police forces

Law enforcement authorities may verify the identity of a person if there are grounds for suspecting that he or she:

  • Has committed or attempted to commit a offense
  • Prepares to commit a crime or a offense
  • May provide information about a crime or misdemeanor
  • Investigated by order of a judge
  • Has violated its obligations or prohibitions related to judicial review, a house arrest with electronic surveillance, a sentence or measure followed by the sentencing judge.
Identity checks by decision of the Public Prosecutor

3 types of control can be required by the public prosecutor :

  • Identity screening to search for and prosecute alleged perpetrators of specific offenses. Law enforcement authorities shall carry out such checks in places and over a period of time designated by the public prosecutor.
  • Identity checks to verify compliance with obligations related to hiring in order to combat illegal work. The public prosecutor informs the person using the business premises (e.g. the manager) of the period during which these checks will take place (maximum 1 month).
  • Identity screening to search for and prosecute the alleged perpetrator of a crime act of terrorism, traffic in narcotics, of theft, of concealment or proliferation of weapons of mass destruction, weapons of war and explosives. The prosecutor specifies the place and duration of the inspection (maximum 24 hours, renewable).

Please note

These checks may take place on the occasion of the vehicle inspection (search) and/or baggage inspection.

Control related to the fight against organized crime and money laundering

An identity check may take place at any time and regardless of the controlled person's behavior (whether suspicious or not), in order to combat certain infringements, including the following:

  • Money laundering
  • Murder committed in organized gang
  • Murder or rape committed while the perpetrator has not yet been tried for another murder or rape
  • Acts of torture and barbarism committed by organized gangs
  • Drug trafficking
  • Removal and sequestration
  • Trafficking in human beings
  • Pimping aggravated (e.g. pimping on a minor or in an organized gang)
  • Theft organized gang clerk
  • Extortion
  • Scam in an organized band
  • Recel.

The inspection may take place in the following areas:

  • Area located less than 40 km from a French border with another state of the Schengen area
  • Motorway, rest and parking area of a French border or coastal area, controls may continue until the first toll located beyond 40 km of this area
  • Area located less than 40 km from the French coast
  • Maritime zone located 12,000 sailors (about 22 km) from the French coast
  • On board a train making an international connection, on the portion of the journey situated between one of the French borders and the 1er stop beyond 40 km of the border (or even 90 km in some special situations)
  • Ports, airports, international stations designated by the Minister of the Interior and the Minister in charge of Customs, and nearby area.

The inspection may last a maximum of 12 hours in a row in the same place. At the end of the 1st hour of control, the public prosecutor must be informed.

Please note

This cannot be a systematic check on persons: the authorities do not necessarily check all persons in the place concerned.

If an infringement is discovered, a report shall be drawn up indicating the start and end times of the inspection. A copy shall be given to the inspected person. Another is handed over to the public prosecutor.

Schengen control

In the Schengen area, identity checks can be made for the prevention and the research of infringements related to the cross-border crime.

This type of control must have the sole purpose of verifying compliance with the obligations to hold, carry and present the documents and documents allowing movement within the territory (national identity card, passport, residence permit).

The inspection may take place in the following areas:

  • Area located less than 20 km from a French border with another state of the Schengen area (and up to 1er motorway toll beyond this limit)
  • On board a train making an international connection, on the portion of the journey situated between one of the French borders and the 1er stop beyond 20 km from the border
  • Port, airport, train station and nearby area
  • In certain areas of overseas territories and departments.

The inspection may last a maximum of 12 hours in a row in the same place.

FYI  

If, during an identity check, the police find that the person being checked is possibly linked to a terrorist activity, he or she may be detained on the spot or at the police station. During this detention, a OPJ: titleContent check his penal situation. In particular, it may consult certain intelligence or police files (e.g. treatment of criminal history or the wanted persons file). On the other hand, the person being checked cannot be questioned.

The conditions under which the deduction takes place depend on the age of the person being checked:

Adult person

From the start of the detention, a OPJ: titleContent inform the public prosecutor geographically competent. The inspector shall then specify the following information to the inspected person in a language that he or she understands:

  • Legal basis for its detention
  • Maximum duration of detention
  • The fact that restraint cannot give rise to a hearing and that it has the right to remain silent
  • Right to have a person of their choice and their employer notified.

Restraint can last up to 4 hours. The public prosecutor may terminate it at any time.

At the end of the deduction, a copy of the report shall be given to the person concerned.

Minor person

The detention of a minor must be allowed by the public prosecutor. When detained, the minor must be assisted by a legal representative.

THEOPJ: titleContent specify to the minor and his/her legal representative, in a language they understand, the following information:

  • Legal basis for its detention
  • Maximum duration of detention
  • The fact that detention cannot give rise to a hearing and that the minor has the right to remain silent
  • Right to have a person of their choice and their employer notified.

Restraint can last up to 4 hours. The public prosecutor may terminate it at any time.

At the end of the detention, a copy of the report shall be given to the minor.

In principle, a person who is the subject of a check can prove his or her identity by any means. Thus, the person may submit one of the following documents:

  • Identity document (identity card, passport, driver's license)
  • Other documents (birth certificate, family booklet, voter card, vital card, student card, etc.)

However, the photo identification documents are more taken into account.

The testimony of another person may be accepted. For example, the person accompanying the person being checked can confirm his or her identity.

FYI  

During an identity check, the credentials generated since the application France Identity are not necessarily accepted by law enforcement agencies. However, for identity records, SNCF agents accept these paperless documents.

If the person being checked refuses or is unable to prove his or her identity, he or she may be detained on the spot or at the police station for an identity check.

In this case, it has the right to have the public prosecutor and any person of his choice.

FYI  

If the person is minor, the public prosecutor is obligatory informed. In addition, the minor must be assisted by a legal representative.

THEOPJ: titleContent to whom the person is introduced (or who was initially checked by him) must give him the opportunity to prove his identity by any means : the person may submit new papers or call witnesses.

If the person maintains his refusal or if there is no other way to establish his identity, the public prosecutor or the investigating judge may allow fingerprinting and photography.

The identity check must not exceed 4 hours since the start of the check (8 hours in Mayotte and Guyana).

At the end of the verification, a copy of the minutes shall be given to the person concerned.

FYI  

If the identity check reveals that the person is possibly linked to a terrorist activity, he or she may be detained at the police station or on the spot. During this detention, a OPJ: titleContent check his penal situation.

In particular, it may consult certain intelligence or police files (e.g. treatment of criminal history or the wanted persons file). On the other hand, the person being checked cannot be questioned.

The conditions under which the deduction takes place depend on the age of the person being checked:

Adult person

From the start of the detention, a OPJ: titleContent inform the public prosecutor geographically competent. The inspector shall then specify the following information to the inspected person in a language that he or she understands:

  • Legal basis for its detention
  • Maximum duration of detention
  • The fact that restraint cannot give rise to a hearing and that it has the right to remain silent
  • Right to have a person of their choice and their employer notified.

Restraint can last up to 4 hours. The public prosecutor may terminate it at any time.

At the end of the deduction, a copy of the report shall be given to the person concerned.

Minor person

The detention of a minor must be allowed by the public prosecutor. When detained, the minor must be assisted by a legal representative.

THEOPJ: titleContent specify to the minor and his/her legal representative, in a language they understand, the following information:

  • Legal basis for its detention
  • Maximum duration of detention
  • The fact that detention cannot give rise to a hearing and that the minor has the right to remain silent
  • Right to have a person of their choice and their employer notified.

Restraint can last up to 4 hours. The public prosecutor may terminate it at any time.

At the end of the detention, a copy of the report shall be given to the minor.

When a person feels that he or she has been unlawfully checked (e.g. an unjustified check), he or she can report it. The authorities to which the report may be made depend on the reason why the person believes that the check is irregular.

General scenario

If the person considers that the control is illegal, he can make a report to the representative of the Defender of Rights of his department.

If this report concerns a national police officer, it may also submit a complaint to the Inspectorate General of the National Police (IGPN):

Report the behavior of an officer to the Inspectorate General of the National Police (IGPN)

If he's targeting a gendarme, a complaint may be transmitted to the Inspectorate General of the National Gendarmerie (IGGN):

Report the behavior of an officer to the Inspectorate General of the National Gendarmerie (IGGN)

The person also has the opportunity to lodge a complaint.

If a report is made and a complaint is filed, the police officer may be subject to disciplinary and/or criminal sanctions.

Discriminatory control

If the person considers that the control is discriminatory, he or she may make a report to the Defender of Rights.

Referral to the Defender of Rights can lead to 3 solutions:

  • A mediation : appointed by the Defender of Rights, the Ombudsman hears the persons concerned. Mediation may not exceed 3 months, renewable 1 time.
  • A transaction : the Defender of Rights proposes to the perpetrator one or more sanctions (payment of a fine, compensation of the victim, publicity of the facts). In case of agreement, the transaction must be validated by the public prosecutor.
  • A legal action : If the Defender of Rights becomes aware of facts that may constitute an offense or if the author refuses the settlement, the Defender of Rights shall refer the matter to the Public Prosecutor.

If this report concerns a national police officer, it may also submit a complaint to the Inspectorate General of the National Police (IGPN):

Report the behavior of an officer to the Inspectorate General of the National Police (IGPN)

If he's targeting a gendarme, a complaint may be transmitted to the Inspectorate General of the National Gendarmerie (IGGN):

Report the behavior of an officer to the Inspectorate General of the National Gendarmerie (IGGN)

The person also has the opportunity to lodge a complaint.

If a report is made and a complaint is filed, the police officer may be subject to disciplinary and/or criminal sanctions.

Other

The law enforcement agencies (police, gendarmerie) authorized to carry out an identity check are as follows:

  • (OPJ)
  • Judicial police officer, under the responsibility of the OPJ
  • Deputy Judicial Police Officer, reporting to the OPJ.

A customs officer can also do an identity check if the foreigner enters a customs territory.

Warning  

We must not confuse the identity check and the identity statement. Indeed, an identity statement can be made by deputy police officers (municipal police officers, customs officers, etc.) or public transport officers (SNCF, RATP, etc.) only when they verbalize the author of a contravention. The offender may prove his or her identity by any means.

An identity check may be carried out in the following cases: to prevent breach of public order, to identify the alleged perpetrator of a offense, to combat the organized crime or the money laundering or to prevent an offense related to cross-border crime (Schengen control).

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Prevention control

Law enforcement can control a person's identity, regardless of their behavior, to prevent a breach of public order.

There must be a serious and current risk endangering the security of persons or property at the place and time of the control (e.g. terrorist threat).

Please note

The identity check may be accompanied, with the consent of the person concerned, the inspection (search) of his vehicle and/or the visual inspection of baggage or its search.

Control related to an infringement

Identity checks at the initiative of police forces

Law enforcement authorities may verify the identity of a person if there are grounds for suspecting that he or she:

  • Has committed or attempted to commit a offense
  • Prepares to commit a crime or a offense
  • May provide information about a crime or misdemeanor
  • Investigated by order of a judge
  • Has violated its obligations or prohibitions related to judicial review, a house arrest with electronic surveillance, a sentence or measure followed by the sentencing judge.
Identity checks by decision of the Public Prosecutor

Three types of control can be required by the public prosecutor :

  • Identity screening to search for and prosecute alleged perpetrators of specific offenses. Law enforcement authorities shall carry out such checks in places and over a period of time designated by the public prosecutor.
  • Identity checks to verify compliance with obligations related to hiring in order to combat illegal work. The public prosecutor informs the person using the business premises (e.g. the manager) of the period during which these checks will take place (maximum 1 month).
  • Identity screening to search for and prosecute the alleged perpetrator of a crime act of terrorism, traffic in narcotics, of theft, of concealment or proliferation of weapons of mass destruction, weapons of war and explosives. The prosecutor specifies the place and duration of the inspection (maximum 24 hours, renewable).

Please note

These checks may take place on the occasion of the vehicle inspection (search) and/or baggage inspection.

Control related to the fight against organized crime and money laundering

An identity check may take place at any time and regardless of the controlled person's behavior (whether suspicious or not), in order to combat certain infringements, including the following:

  • Money laundering
  • Murder committed in organized gang
  • Murder or rape committed while the perpetrator has not yet been tried for another murder or rape
  • Acts of torture and barbarism committed by organized gangs
  • Drug trafficking
  • Removal and sequestration
  • Trafficking in human beings
  • Pimping aggravated (e.g. pimping on a minor or in an organized gang)
  • Theft organized gang clerk
  • Extortion
  • Scam in an organized band
  • Recel.

The inspection may take place in the following areas:

  • Area located less than 40 km from a French border with another state of the Schengen area
  • Motorway, rest and parking area of a French border or coastal area, controls may continue until the first toll located beyond 40 km of this area
  • Area located less than 40 km from the French coast
  • Maritime zone located 12,000 sailors (about 22 km) from the French coast
  • On board a train making an international connection, on the portion of the journey situated between one of the French borders and the 1er stop beyond 40 km of the border (or even 90 km in some special situations)
  • Ports, airports, international stations designated by the Minister of the Interior and the Minister in charge of Customs, and nearby area.

The inspection may last a maximum of 12 hours in a row in the same place. At the end of the 1st hour of control, the public prosecutor must be informed.

Please note

This cannot be a systematic check on persons: the authorities do not necessarily check all persons in the place concerned.

If an infringement is discovered, a report shall be drawn up indicating the start and end times of the inspection. A copy shall be given to the inspected person. Another is handed over to the public prosecutor.

Schengen control

In the Schengen area, identity checks can be made for the prevention and the research of infringements related to the cross-border crime.

This type of control must have the sole purpose of verifying compliance with the obligations to hold, carry and present documents and documents allowing movement within the territory (national identity card, passport, residence permit).

The inspection may take place in the following areas:

  • Area located less than 20 km from a French border with another state of the Schengen area (and up to 1er motorway toll beyond this limit)
  • On board a train making an international connection, on the portion of the journey situated between one of the French borders and the 1er stop beyond 20 km from the border
  • Port, airport, train station and nearby area
  • In certain areas of overseas territories and departments.

The inspection may last a maximum of 12 hours in a row in the same place.

FYI  

Outside of any identity check, law enforcement may invite a major foreigner to present a document attesting to their legal status on French territory (passport valid for foreigners dispensedvalid visa, visa or residence permit). Then we talk about the control of the holding of a security.

This control is only allowed if objective elements external to the person being controlled suggest that he is a foreigner. For example, the person drives a foreign-registered vehicle or distributes foreign-language leaflets on the street.

A person present or circulating in the place where this type of control is organized is not systematically controlled.

It can be done on public roads, in public places or open to the public (stations, airports, cafés, etc.). It can not be practiced more than 6 hours in a row in the same place.

For a short stay

For a stay of up to 90 days, a person of foreign nationality must present a passport bearing a visa valid, unless it is part of the nationalities exempted of visa.

For a long stay

In the case of a stay of more than 3 months, a person of foreign nationality must present one of the following documents:

  • Long-stay visa, of a maximum duration of 1 year
  • Residence card temporary, for a maximum period of 1 year
  • Multi-annual residence card, for a maximum period of 4 years
  • Resident card, for a period of 10 years or indefinite
  • Residence card bearing the words retired, for a period of 10 years
  • Receipt of first application, renewal or duplicate residence card
  • Certificate of asylum application
  • Provisional residence permit.

A person of foreign nationality who cannot present his residence document may be taken to a police or gendarmerie premises. She will be held there for verification of his right of residence.

FYI  

A minor foreigner may not be subject to a residence permit check. To reside in France, he is not required to hold a residence permit. The prefecture issues a movement document for minor foreigners (DCEM) which is necessary to travel outside France and return but it is not mandatory for the stay.

When a person feels that he or she has been unlawfully checked (e.g. an unjustified check), he or she can report it. The authorities to which the report may be made depend on the reason why the person believes that the check is irregular.

General scenario

If the person considers that the control is illegal, he can make a report to the representative of the Defender of Rights of his department.

If this report concerns a national police officer, it may also submit a complaint to the Inspectorate General of the National Police (IGPN):

Report the behavior of an officer to the Inspectorate General of the National Police (IGPN)

If he's targeting a gendarme, a complaint may be transmitted to the Inspectorate General of the National Gendarmerie (IGGN):

Report the behavior of an officer to the Inspectorate General of the National Gendarmerie (IGGN)

The person also has the opportunity to lodge a complaint.

If a report is made and a complaint is filed, the police officer may be subject to disciplinary and/or criminal sanctions.

Discriminatory control

If the person considers that the control is discriminatory, he or she may make a report to the Defender of Rights.

Referral to the Defender of Rights can lead to 3 solutions:

  • A mediation : appointed by the Defender of Rights, the Ombudsman hears the persons concerned. Mediation may not exceed 3 months, renewable 1 time.
  • A transaction : the Defender of Rights proposes to the perpetrator one or more sanctions (payment of a fine, compensation of the victim, publicity of the facts). In case of agreement, the transaction must be validated by the public prosecutor.
  • A legal action : If the Defender of Rights becomes aware of facts that may constitute an offense or if the author refuses the settlement, the Defender of Rights shall refer the matter to the Public Prosecutor.

If this report concerns a national police officer, it may also submit a complaint to the Inspectorate General of the National Police (IGPN):

Report the behavior of an officer to the Inspectorate General of the National Police (IGPN)

If he's targeting a gendarme, a complaint may be transmitted to the Inspectorate General of the National Gendarmerie (IGGN):

Report the behavior of an officer to the Inspectorate General of the National Gendarmerie (IGGN)

The person also has the opportunity to lodge a complaint.

If a report is made and a complaint is filed, the police officer may be subject to disciplinary and/or criminal sanctions.

Who can help me?

Find who can answer your questions in your region

  • For more information on identity checks

    House of Justice and Law

  • To report an irregular identity check

    By post (from France, free and without postage)

    Defender of rights

    Free answer 71120

    75342 Paris cedex 07

    Warning: attach to your mail photocopies of the documents relating to your referral.

    By email

    Access to contact form

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