When Does A Police Office Has A Right To Search And Investigate A Citizen
On May 22, 2019 by BabilessAn investigation of citizens is an action taken by the police through a rather complex procedure. What is important about this seemingly simple action that seems to be justified and necessary is the complicity of this procedure, which, like other legal regulations, is not bad to keep in mind, because its disregard can draw many negatives, violations of human rights, or and the destruction of a judgment, which is later based on such evidence. Graham Zoppi Toronto is the right legal person you need.
A police officer can inspect a person, a case that a person carries with him, and a means of transportation to find items similar to attack or self-inflicted. An overview can be done visually, touching, inspecting the content, using technical means (mirrors, detectors, etc.), or an official dog.
The police officer performs the examination of the person by touching the surface of his suit with his hands. It may also examine items and means of transport that are in close proximity or under the control of the person inspected. In order not to expose the shame to the person on whom he is examined, the police officer will, as a rule, separate him from other persons and, prior to the start of the examination, be informed of the reasons for conducting the review. In this way, he will not act when conducting a review at public gatherings, or if this would call into question the execution of the inspection or the execution of the official task. If a police officer finds a weapon or other dangerous item in the examination, he will retain it.
If a police officer examines cases that can be seized under the Criminal Code or cases that may be useful for criminal proceedings (in the case of a drug) or a misdemeanor procedure, the police officer proceeds after the conducted review proceeding according to the provisions of the Criminal Procedure Code or the Law on Misdemeanors.
Acting under the Criminal Procedure Act is important because in this way the process involves other judicial bodies, and among other things, it prevents possible arbitrariness, and protects the rule of law and citizen as an individual within it. When the police officer determines during the inspection that there are circumstances that require a search, they will seek the order of the competent court to carry out this operation, and they can take this action without a decree, but only according to a well-defined procedure.
The authorized police officers may, without a court order for search and without the presence of witnesses, interrogate persons when they are deprived of their liberty or when carrying out an order for bringing them, if there is a suspicion that the person has weapons or tools for attack or if there is a suspicion that they will be rejected, hide or destroy objects that need to be taken away from him as evidence in the proceedings.
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