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.