A personal search of a suspect is carried out only by law enforcement officers on the basis of the norms of the current Code of Criminal Procedure. This investigative action consists in finding from the detainee objects, documents or values that are of great importance for the criminal case. In accordance with the law, an investigator or inquiry officer may conduct a personal search or refuse to carry out this action if it is not particularly necessary. You will learn more about all this in the process of reading this article.
A little about the most important thing
So why do you need a personal search? This question worries many citizens who are interested in all the subtleties of legal norms or whose relatives or acquaintances were subjected to this investigative measure. So, a personal search is carried out in order to find objects, some values or documents that are very important for the investigation of the case from the alleged attacker. Most often, this investigative action is carried out in order to prove that it is the suspect who is guilty of a certain crime. In practice, this happens quite often.
How is
A personal search of the alleged attacker involves the forced investigation of the latter’s body, his clothes and other things (for example, a bag or suitcase). All this is done with only one purpose - to find as much evidence as possible in a criminal case. Moreover, it must be said here that the suspect, by virtue of the law, cannot refuse to conduct such an investigative measure. Nevertheless, the detainee may voluntarily give out the documents or objects he has that are necessary for the investigation of the committed act. Only in this case, this investigative action can be completed before it begins. In the report, the police officer must make a note that all the necessary documents and values were issued by the suspect voluntarily. Invited witnesses should also sign there.
Important
The most interesting thing is that a personal search of a detainee is a right, not a duty of investigators and interrogators. However, practice shows the opposite. After all, when detaining an alleged attacker, law enforcement officers must record in the protocol what they discovered when they were captured. For this reason, not a single investigative measure can do without a search of a detainee.
Feature
A personal search should be carried out by a procedural person of the same sex with the detainee. This is one of the main rules of this investigative measure, fixed in law. Thus, if the detainee is a male person, then the investigator, witnesses and specialist should also be men. Otherwise, the rights of honor and dignity of the individual will be violated.
To the above
Earlier it was already written about why law enforcement officers are conducting a search of a person detained by them who is suspected of committing a criminal offense. So, with him I can be certain things and documents that are directly related to the investigation of the criminal case. Moreover, such situations often occur when detainees even find tools for committing a criminal act.For example, if an attacker attacked a person and did not manage to get rid of the cold steel or pistol that he threatened his victim, then most likely it would be in his belongings or clothes.
Therefore, the grounds for a personal search will be the data indicating that the suspected person has the required items, materials and some documents. It could even be information about a crime committed by an unknown citizen to the police. Very often, cybercriminals who sell drugs are exposed in this way. A search of such detainees is carried out right on the spot.
Order of conduct
It is regulated by article 184 of the CPC. Based on the rules specified in this rule of law, it must be said that witnesses are required to be present during a personal search of the alleged attacker. As a rule, the latter should be at least two people. Once again, I would like to note that women cannot be understood if the detained person is a man. This violates the statutory procedure for conducting a personal search of an alleged attacker.
In necessary cases, for the implementation of this investigative measure, law enforcement officers invite a specialist. For example, a medical professional, when it is necessary to examine the contents of the stomach, if it is likely that the detainee could swallow the objects sought by the investigation. This sometimes happens in the practice of the police.
The investigator or inquiry officer conducting a personal search of the alleged offender must also be a person of the same sex as the detainee. Otherwise, another police officer must be involved in the investigation. This is important to consider.
After a personal search of a person is completed, in the protocol it is necessary to record all objects and things found and seized from the person. All citizens participating in this investigative measure must sign this document.
Personal search tactics
Inspection of the detainee’s clothing begins with pockets. Then proceed to the study of double layers of tissue. After all, there, attackers most often hide securities, drugs or jewelry. During a search of hats, in which the instruments of crime are often hidden, they even steal the lining, carefully probe everything with fingers and carefully examine it.
The shoes may also contain prohibited items. Therefore, when searching shoes, boots, boots, they carefully examine the holes in the heels, and also examine the places under the insoles and backs.
Equal importance is given to the accessories of the detainee. Indeed, as a storehouse for the desired items, you can use a handbag, an umbrella, a briefcase or a small suitcase with a handle.
During a search of the detainee’s naked body, his ears, mouth and teeth, as well as his hair, are carefully examined. To study the genitals of a suspect, it is necessary to involve a specialist. In the event that the investigator believes that the detainee swallowed an item of interest to law enforcement officers, then they often resort to examining the stomach in a medical organization. This is the order, after the end of this search, it is necessary to draw up a protocol.