The search as a criminal process coercive measure limited constitutionally protected rights

Abstract

This article contains the author’s opinions and her attitude to the law of body and things, search and seizure procedures carried out by legally authorised law enforcement agencies in order to gain sufficient evidence to ensure the arrest and conviction of an offender, focused particularly on the Police. There is a comprehensive and essential evaluation of existing law in this area and presentation of doubts concerning the practices of the rights given in law for law enforcement agencies. There is an argument in a potential discussion against possible violations of individual rights by the police when dealing with this matter. The article indicates the existing shortcomings which can appear in the daily routine work of law enforcement agencies or their representatives. The existing regulations do not provide enough protection for individual rights in confrontations with entitled police officers, giving them an opportunity to act on the edge of law. As an example, the author focuses on search and search and seizure based only on doubtful suspicion, which is clearly seen in police work and searches based only on production of a Police officers ID and before receiving authorized permission and acceptance given by a prosecutor or court. The conclusion suggests looking for a more correct and moral balance between the transparency of this activity and the rights of individuals faced with these issues and problems.