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| Legal Subjects > Criminal Law > Police Investigation | |||||
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Main Category Related Topics WHAT IS AN INVESTIGATION ?Investigate means to conduct an official inquiry and close systematic examination. An investigation is usually done for the purpose of establishing probable cause and begins before a charge is brought against you. WHO CAN INVESTIGATE ME ?Only a person empowered by law can investigate you. Those persons include police officers, drug enforcement officers, anti-corruption agency officers and custom officers. WHAT SEARCH POWERS DOES A POLICE HAVE ?A police officer is empowered to conduct a search under a few circumstances. A police officer may obtain a valid search warrant from the magistrate showing that he has probable cause to suspect criminal activity. If a police officer does not have a search warrant but has obtained permission from you to search your premises, he is legally authorized to do so. A police officer who does not have a search warrant may search any place entered by the person sought to be arrested and may affect an entrance by force if refused entry. Under extenuating circumstances, a police officer is permitted to search. A police officer may frisk a suspect and any article found which are reasonable believed to be evidence of a crime may be detained until the release. A frisk is not an arrest but done for the purpose of stopping and questioning an individual. A police officer may pat down your outer clothing to assure that you are not armed. Any offensive weapon found on you may be seized. If you are in lawful custody and are unable to give a reasonable account of yourself due to incapacity, you may be search to ascertain your name and address. WHAT IS A SEARCH WARRANT ?A search warrant is an official order from a magistrate authorizing a search of a particular person's home or location for particular objects at a specific time. These information are written in a search warrant. To obtain a search warrant, an ex parte presentation is involved where a law enforcement officer must submit an affidavit which is a form of written statements with objective information to the magistrate seeking the warrant to be issued based on probable cause to believe that criminal activity is occurring or about to occur. The magistrate will consider whether a search warrant shall be issued and make decision based on the reliability and persuasiveness of the information provided. A search warrant should be given under the hand and seal of the justice and dated. | |||||