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 right to remain silent;
• the right to legal representation without unreasonable delay;
• the right to protection from unreasonable search or seizure;
• the right to protection from a requirement to furnish self-incriminating documents without court authorization;
• the right to a reasonable time period for deciding whether to waive any rights;
• the right to know the nature of the possible proceedings;
• the right to 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, infringements of procedural rights could cause any evidence thereby obtained to be inadmissible in a 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 on reasonable grounds. The warrant describes the place to be searched 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. [1]

NOTES

[1] Commissioner of Canada Elections, Investigators' Manual, 2004.