Individuals have political and
civil rights that must be respected during an investigation. These rights are
entrenched in each country’s constitution, legal framework or charter of rights.
Although they may vary under different political and legal systems, the basic
procedural rights of an individual usually include the rights to:
- remain silent;
- legal representation
without unreasonable delay;
- protection from
unreasonable search or seizure;
- protection from a
requirement to furnish potentially self-incriminating documents or other
materials without court authorization;
- a reasonable time period
for deciding whether to waive any rights;
- know the nature of the
possible proceedings; and
- be informed of the extent
and limits of the powers of a person in authority.
Because democratic countries
value the rights and freedoms of individuals, procedural infringements of human
(civil and political) rights could cause any evidence thereby obtained to be inadmissible
in an administrative tribunal or court of law; or could even lead to dismissal
of the case.
Search
Warrants
A search warrant protects
individuals from unreasonable search or seizure. Most systems require a warrant
to be issued by a judge or magistrate, on reasonable grounds. The warrant
describes the place to be searched, the period in which the search may be
conducted, and the items that may be seized.
To obtain a warrant, the
investigator must first submit an application and swear that the information
contained in it is accurate. The information must include a detailed
description of the alleged offence and the items to be searched for and seized,
as well as valid reasons for believing that the items are in the location to be
searched. The investigator must also indicate whether there are other sources
by which to obtain information or whether all other sources have been
exhausted.
