Slide 5: Investigative Procedures

• Criminal Procedure Law focuses on exceptional powers of law enforcement agents with judicial authority.

Investigative Procedures

• Generally, law enforcement agents with limited judicial authority do not undertake investigative procedures.
• Investigative procedures fall within the jurisdiction of the Public Prosecution.
• Exceptionally, law enforcement agents with limited judicial authority can exercise some investigative powers like arrest and search.
• This can occur via a delegation order from the Public Prosecution or provisions in the Code of Criminal Procedure.

Arrest of the Accused

• Arrest involves seizing a person, restricting their movement, regardless of the time period.
• Arrest is primarily an investigative procedure under the Public Prosecution's jurisdiction.
• Law enforcement agents with judicial authority may carry out arrests in exceptional cases.
• To clarify the concept, a distinction between arrest and stop-and-question is needed

Stop-and-Question

• Stop-and-question is an administrative measure that grants a public authority agent the right to stop a person.
• The person must voluntarily place themselves in a position of doubt and suspicion
• Reasonable suspicion must be based on objective facts rather than personal beliefs or feelings
• The measure aims to question the individual about their destination and collect personal details like identity and address.
• The UAE Federal Criminal Procedure Law does not explicitly regulate stop-and-question
• Legal scholars and judicial rulings say a lawful stop-and-question requires the individual to be in a position of doubt and suspicion.
• The validity of a stop-and-question determines the validity of its consequences.

Valid Stop-and-Question

• Noticing a police officer, a person abruptly changes direction and increases pace.
• The police officer stops the individual and asks for identification (ID) due to this suspicious behavior.
• As the person retrieves their ID, a narcotic substance falls to the ground
• The police officer then arrests and searches the individual.
• The stop-and-question is lawful

Invalid Stop-and-Question

• A police officer becomes suspicious of a person shopping normally in a mall without apparent reason.
• The officer asks about their destination.
• As the individual retrieves their phone for location details, a narcotic drops.
• The officer arrests them.
• In this case, the stop-and-question is deemed unlawful, rendering the subsequent arrest invalid.

Differences Between Arrest and Stop-and-Question

• Public authority agent can not carry out an arrest, a law enforcement agent with judicial authority can conduct an arrest legally.
• Stop-and-question can be done by either a public authority agent or a law enforcement agent with judicial authority.
• Stop-and-question does not restrict an individual's freedom, arrest deprives personal liberty for up to 48 hours.
• Stop-and-question maintains public order and prevents crimes, arrest interrupts the statute of limitations.
• Arrest requires probable cause; stop-and-question requires the individual to be in a position of suspicion, with reasonable suspicion based on objective facts.

Arrest vs. Physical Restraint

• Arrest is an investigative procedure allowing restriction of freedom up to 48 hours.
• Physical restraint is from the urgency of a person committing an obvious crime (flagrante delicto).
• Restriction of freedom is limited to handing over the perpetrator to authorities.
• Article 49 of the Code of Criminal Procedure allows any member of the public to physically restrain someone committing a felony or misdemeanor
• They must hand them over to the nearest public authority agent, without needing an arrest warrant.
• Article 50 allows public authority agents to apprehend a suspect in cases of felonies or misdemeanors committed in flagrante delicto and hand them over.

Arrest Powers of Law Enforcement with Limited Judicial Authority

• As per Article 46 of the Federal Code of Criminal Procedure, law enforcement agents can arrest suspects only under two conditions:
  • The suspect must be present.
  • There must be probable cause to believe the suspect committed a crime.

Suspect Arrest Cases for Judicial Officers

• When the suspect has committed a felony.
• When the suspect committed a misdemeanor in flagrando delicto which is not punishable by a fine only, it also includes imprisonment.
• When the suspect committed a misdemeanor punishable by electronic monitioring or there risk of escape.
• Misdemeanors like theft, fraud, breach of trust, severe assault, resisting officers, public morals, weapons, ammunition, illegal drugs, and intoxicants.

Complaint-Based Crimes and Arrest

• Arrest cannot occur if a crime is complaint-based offenses, unless the person who file a complaint has done so
• Prior authorization or a formal request is also required before proceeding with the arrest.

Probable Cause for Arrest

• Defined as "apparent signs and circumstances inferred from the situation" by the Federal Supreme Court.
• These signs should reasonably lead a law enforcement agent to believe a suspect committed a crime, that inference should be justified in the officer's mind.
• The Dubai Court of Cassation states such indications may not directly establish guilt but provide reasonable justification to the arresting officer.

Duration of Arrest

• Article 48 of the Federal Code of Criminal Procedure limits arrest duration to 48 hours.
• Afterwards, they must refer the suspect to the Public Prosecution or release them.

Suspect Statement

• As per Article 48, following an arrest, the law enforcement officer must:
  • Inform the suspect of the charges.
  • Inform the suspect of their right to remain silent.
  • Hear the suspect's statement.
• Questioning the suspect before informing of charges and right to silence is prohibited.

Order to Bring In and Arrest an Absent Suspect

• The officer may issue the order if the suspect is not present
• This order for an absent suspect grants permission to issue an arrest order, but only a officer with judical authority can excercise this right
• Order is only granted if Probable cause exists and there is atleast one of the arest conditions outlined in Article 45

Arrest vs Order to Bring in and Arrest

• Arrest requires the suspect to be present
• An order to bring in and arrest applies to absent suspects
• Article 51 of the Code of Criminal Procedure refers only to arrest when determining the circumstances under which a law enforcement agent may search suspects.

Searching the Suspect's Person

• Search is an investigative procedure under the Public Prosecution's jurisdiction.

• Article 52 allows law enforcement agents with limited judicial authority to search the suspect when arrest is permitted

• The two conditions must be met, and or the search needs to be issued by the Public Prosecution.

• Search may occur before or after the arrrest in permitted cases.

• Searches are limited to the crime with sufficient indications.

• Searching the suspect's person includes searching their body, clothing, belongings.

• A vehicle search is the same as a personal search conducted on a public road

• A vehicle inside a private residence, is subject to the rules that applies to search that residece.

• It may also include internal exams, such as blood and urine samples if it provides probable cause that the suspect possesses illegal drugs.

• Failure to oblige results to invalidity of the search procedures.

Discovery of Other Offences

• If a lawful search reveals involvement in another crime, the law enforcement agent takes action regarding the new offense.
• Seizing items related to a separate criminal offense or uncovering evidence of another crime is deemed legally valid, its just as of you were to search them for being suspected of possessing a weapon and you discovered drugs, the crime still counts

Rules Governing the Search of a Female

• Article 53 is the law governing search of a female
• The search of a woman must be conducted by a female law enforcement agent.
• Violation of this requirement makes the search null and void completely.

Customary Norms

• There is some debate on custom of what constitutes as the intimiate parts of a female
• The document holds the United Arab Emirates Customs hold all female body parts to be private, therfore a woman needs to conduct the search
• A man cannot search a woman's belongings.

Need for Amendment

• Code of Criminal Procedure does not includes if a man or woman can be searched by a male law enforcement agent
• Same with whether a woman can be arrested by a female officer.
• It believes there is a need for amndment in this regard

Judicial vs. Administrative Search

• An administrative search ensures compliance and prevents risks, while a judicial search is for collecting evidence of a crime
• Article 16 of Law No. 34 of 2024 details administrative searches done by prison official.
• Valid consent must be given for an to be valid administrative search.
• Physical coercion is invalid.
• A paramedic may search the clothing of an unconscious injured person.
• Judicial search must by conducted by a law enforcement agent with limited judicial authority or by the Investigative Authority, not Public Authorities.
• A judicial search is to find evidence of a crime, opposed to and administrative search.
• if the person conducting the search is a law enforcement agent with limited judicial authority then they can arrest the serached perosn accordign to Acrticle 46
• If the officer is not them then the individual may be physically restrained and handed over

Judicial vs. Preventive Search

• A preventive search aims to protect a location or person from potential danger.
• It may be executed by a public authority or private individual in cases of physical restraint.
• Preventive search verifies if the person carries a dangerous tool.
• Physical restraint does not justify a judicial search
• Preventive search can however happen, especially as a derivative of flagrante delicto

Searching the Suspect's Dwelling

• It states the inviolability of dwellings

• 54 states that searching a dwelling is not permissible without the consent of its occupants

• Exception in cases explicitly defined by law.

• However, Article 54 of the Code of Criminal Procedure provides an exception

• Allows home searches without authorization from the Public Prosecution

• a judicial officer may search a dwelling wihtout the occupants consent or a prior warrant from the public prosecution given:

  • There is flagrante delicto, or obvious crime being commited.
  • Suspicion that there is hidden items in the home that could help uncover the truth

• The location is defined as temporary or long term, residency isn't taken into account as long as its inhabited.

• A home garden, garage, or animal enclosure is legally treated as a part of the dwelling.

Law Enforcement Entering Public Places

• Enforcement agents may enter public places like clinics and shops.
• There are specific restrictions:
• Entry must occur during business hours.
• Entry is limited to publicly accessible areas e.g. a clinic's reception area.
• Entry does not searches of closed cupboards or areas. * A drawer being opened to reveal illegal substances breaks these rules

Classification of Dwellings

• Dwelling's classification is dictated by use rather than its designation - Therefore a house used for gambling and public entry is legally considered a public place

Entering dwellings under judicial Authority

• There are some circumstances you can enter without permission of the resident
• Cases of flagrante delicto
• Article 3 of the Code of Criminal Procedure. includes situations where assistance is requested from inside the dwelling or grave danger * in some cases, dwelling search is neccessary for an arrest even if the dwelling belongs to someome esle but the suspect

Discovery

• if entry leads to discovery of a crime (flagrante delicto), then judical power excercises exceptional power

Search Nullification

• unlawful search leads to nullficiation of any avidence

Suspect Search

• law enfocement agents, according to Code of Crminal precduret, may sarch sus[ect or pereson [resemt if there is a reason

Guidelines for Conducting Home Search

• the purpoise of a search must only be to find itemes related to the crime, other areas cannot be inspected *Article 55 the same law dictates this, if the rules are to bee broken, then currency frogeru will be deemed invalid
• If search finds another crime it must be seizded
• if women are home they are to be respected according to customs

During A Search

• Do not open sealed documentation, inform and let the documents go to public prusction
• There must be a presence of a suspect, or designater repreditative, or two witnesses.
• in accordance with Article 63 the individual who leaks details may recieve panalities for this
• locations may become prcautionary
• there must be a seizure protocol which identifies and states who's signature is needed * there must also not be any tampering