Law Enforcement Agents: Powers and Arrest Procedures

Exceptional Powers of Law Enforcement Agents

• Investigative procedures are generally under the Public Prosecution's jurisdiction
• Law enforcement agents with limited judicial authority can perform investigative powers like arrest and search in specific cases
• These powers may be used through a Public Prosecution delegation order or the Code of Criminal Procedure's provisions.

Arrest of the Accused

• Arrest involves seizing a person, restricting their freedom, and preventing movement for any duration
• Arrest generally falls under the Public Prosecution's investigative jurisdiction, but law enforcement agents with judicial authority can perform it in exceptional cases
• Stop-and-question will be overviewed to make the distinction between the two clearer

Stop-and-Question

• Stop-and-question is an administrative measure granting public authority agents the right to stop individuals who voluntarily appear suspicious
• It requires reasonable suspicion based on objective facts, not personal beliefs
• This enables questioning about destination and obtaining personal details like identity and address
• The UAE Federal Criminal Procedure Law doesn't explicitly regulate it, but it must be based on the individual placing themselves under suspicion according to legal scholars
• A stop-and-question's legality affects its consequences; lawful stops yield valid procedures, while unlawful stops deem subsequent procedures invalid

Valid Stop-and-Question Example

• A person changing direction and quickening pace upon seeing a police officer is stopped and asked for ID
• When retrieving their ID, a narcotic falls, leading to a lawful arrest and search because the suspect acted suspiciously, deeming all the procedures valid

Invalid Stop-and-Question Example

• A police officer suspects a shopper without reason, and then asks about their destination
• While retrieving their phone to show location, narcotics fall, leading to an unlawul arrest
• Since there was no valid base for suspicion, the stop, claim of flagrante delicto, and subsequent arrest are invalid

Differences Between Arrest and Stop-and-Question

• Public authority agents can't arrest, but law enforcement agents can in legally specified cases, while stop-and-question can be done by either
• Stop-and-question doesn't restrict freedom, but arrest deprives liberty for up to 48 hours
• Stop-and-question maintains public order. Arrest is an investigative procedure under the judicial authority, so it interrupts the statute of limitations
• Arrest needs probable cause that a crime happened and the suspect committed it and must relate to the crime, while stop-and-question only needs that the individual act suspicious.
• Reasonable suspicion is enough if the suspect themselves acted suspiciously, stop-and-question doesn't require a crime have occurred

Difference Between Arrest and Physical Restraint

• Arrest is an investigative procedure conducted by a law enforcement agent, meaning a restriction of freedom up to 48 hours
• Physical restraint is a precautionary measure due to a person committing a crime in flagrante delicto without a law enforcement officer with judicial authority
• Restriction of freedom is limited to handing the person over to the relevant authorities
• Article 49 of the Code of Criminal Procedure: Anyone witnessing a flagrant felony or misdemeanor may apprehend the offender and hand them over to the nearest public authority agent without an arrest order
• Article 50: Public authority agents may apprehend someone for felonies/misdemeanors in flagrante delicto not just punishable by a fine alone and hand them over to the nearest law enforcement agent with judicial authority

Scope of Arrest Powers

• Per Article 46 of the Federal Code of Criminal Procedure, law enforcement agents with limited judicial authority can arrest suspects only when two conditions and one specified circumstance exist

Conditions for Law Enforcement Agent Arrest

• The suspect must be present
• There must be probable cause that the suspect committed a crime in Article 46

Cases For Judicial Arrest

• The suspect committed a felony
• The suspect committed a flagrante delicto misdemeanor with a penalty beyond a fine (includes incarceration), which is required
• The suspect committed a misdemeanor with a penalty beyond a fine and is subject to a monitoring order or risk of escape

Misdemeanors for Arrests

• Related to theft, fraud, breach of trust, severe assault, resisting public authority officers, violation of public morals, weapons, ammunition, illegal drugs, and intoxicants

Complaint-Based Crimes and Arrests

• Arrest is not allowed if the crime is complaint-based unless the complaint is filed so and the arrest needs prior authorization or requests

Probable Cause

• “Probable cause / sufficient indications" is apparent signs and circumstances reasonably inferring a crime to a law enforcement agent
• The Dubai Court of Cassation: Indications from apparent circumstances need reasonable justification to the arresting officer, given discretionary authority

Duration of Arrest

• Article 48 of the Federal Code of Criminal Procedure limits arrest to 48 hours so the law enforcement officer must refer them to the Public Prosecution or release them

Hearing the Suspect

• Article 48 of the Federal Code of Criminal Procedure states that law enforcement agents with judicial authority must upon arrest:
• Inform them of the charges against them
• Inform them or their right to remain silent
• Hear the suspect's statement
• Law enforcement agents must inform suspects and the right to remain silent before statements, so questioning is prohibited before fulfilling this obligation

Order to Arrest Absent Suspect

• Article 47 of the Code of Criminal Procedure states if the suspect is not present, the law enforcement agent may issue an order to bring in and arrest them, recorded in the official report, and executed y a public authority officer
• If probable cause and arrest conditions exist under Article 45, authority may issue, but the suspect is absent

Key Difference Between Arrest and Order

• Arrest require suspect presence, and order to bring in and arrest allow the law enforcement agent to get a suspect
• A law enforcement agent may search a suspect if arrest is permitted, but this doesn't apply to an order to bring in and arrest under Article 51 of the Code of Criminal Procedure

Searching the Suspect's Person

• Search falls under the Public Prosecution's investigative jurisdiction, but law enforcement agents with limited authority can under certain exceptions
• Article 52 states that a law enforcement agent may search the suspect when an arrest is allowed, which means meeting conditions from Article 46 or from the Public Prosecution
• The search can be before or after arrest if circumstances allow since conditions from Article 46 must be met
• The legislator permits searches when arrest applies since arrest is a violation of liberty
• A search must aim to get evidence of the crime indicating involvement, or it is invalid
• Indications that the victim has a firearm wouldn't justify a blood test, while indicating a weapon prevents searching a pocket

Suspect Search Includes

• Searching body, clothing, belongings, bag, and documents (not home)
• A vehicle search mirrors personal searches on public roads, but vehicles at private residences are under home search rules
• Internal exams like blood or urine specimens, assuming there is probable cause of illegal drug consumption
• Not complying means that the search procedures are invalid

Incidental Finds

• If during a lawful search, a law enforcement agent finds the suspect involved in another crime, the agent may take action on the new offense
• If the agent finds the suspect in possession of a separate criminal offense, the agent may seize the items just as if the search related to the crime of drug possession but resulted in finding an unlicensed weapon

Rules for Searching a Female

• According to Article 53, women suspects must be searched by a female law enforcement agent or another female appointed who has taken an oath
• The requirement that females are searched by another female is to maintain public order, and means that any violation means a completely null search with no rectified evidence even with consent
• Some jurists believe the search involving intimate body only applies to these norms, so males can search bags or hands retrieving narcotics
• The view holds that in the UAE, the entire body for search purposes, however belongings are separate
• The Code of Criminal Procedure doesn't mention the same requirement for males being searched/arrested

Judicial Search vs. Administrative Search

• Administrative search: precautionary measure for administrative objectives, ensuring compliance with regulations, in order to maintain order and prevent risk
• Administrative searches may come from law or regulation such as prison officials when the prisoner enters via Article 16 of Law No. 34 0f 2024
• It can also be about consent by factory or company workers for search, but only if it is valid due to the person is freely and voluntarily consenting
• A paramedic searching unconscious injured person to find an identity is justified
• Judicial searches must be conducted by investigative authority or law enforcement with limited judicial authority, but administrative searches by public individuals based on consent

Judicial vs. Administative Focus

• Judicial = evidence related to crime
• Administrative = smooth operation

Administrative Search Results

• If flagrante delicto arises, people searched or searched items constituting the separate criminal offense
• The law enforcement may arrest the person based on Article 46
• If no authority, they can physically restrain the individual and call the police based on Articles 49 and 50 of the Code of Criminal Procedure

Judicial Search vs. Preventive Search

• Preventive search: security-driven measure aimed at protecting a location or a person from potential danger and looking for weapons or dangerous items
• Physical restraints doesn't justify judicial searches but a preventive search if there is a justified reason
• Rules for administrative also apply to preventive, as well as distinction and flagrante cases

Searching Dwellings

• Article 36 of the Constitution affirms dwelling inviolability
• Article 54 of the Code of Criminal Procedure needs consent except under law and provisions

General Rule

• Law enforcement agents with limited judicial authority do not conduct home searches since that is the Public Prosecution
• Article 54 of the Code of Criminal Procedure allows home searches without the Public Prosecution approval due to specific circumstances

Judicial Officer Searches of Dwellings

• Article 55 of the UAE Code of Criminal Procedure permits searching dwellings in flagrante delicto when items uncovering the truth
• Conditions: flagrante delicto + strong indications a suspect is hiding something relevant

Definition Of Dwelling

• A dwelling is where an individual resides on a permanent or temporary basis when the place is intended for habitation
• Appurtenances include home garden, garage, or animal enclosure
• A law enforcement agent can enter public places like cafes or clinics but they are subject to the restrictions based on business hours, areas like a clinic's reception area, and actions (cannot search drawers, but if they are open, they could search)

Public or Private depends on Use

• Public or private depends on its use rather than by designation
• An individual opens their home to the public for gambling and allows entry without distinction, it is legally considered a public place despite being a private residence Although dwelling search needs occupants consent to Public Prosecution, it may be done under situations requiring assistance or threatening life or property (per article 3)
• If entry reveals a crime in progress, flagrante delicto activates
• A private dwelling is under pursuit to arrest per arrest warrant
• A law enforcement agent will need limited judicial authority to enter the person without warrant
• A search needs to find the suspect if they are hidden even if they do not belong to the dwelling

Dwelling Discovery of Crime

• If entry pursues a suspect leading that reveals a crime in flagrante delicto, like narcotics, it activates exceptional powers, meaning arresting/searching those present given legal conditions
• The defendant may not be prosecutable for crime and evidence is no longer admissible
• According to Article 57 of the Code of Criminal Procedure, a law enforcement agent may search if there are strong indications the suspect is concealing something to help uncover the truth

Rules for Home Search

• Per Article 55 of the Code of Criminal Procedure, the search is locating crime items, meaning searching areas that don't hold the item is impermissible, so bladed weapons can't be involved when inspecting banknotes due to noncompliance of 55
• If the search is conducted within scope per crime it uncovers, law enforcement takes necessary actions
• If there are females, the entry must not apprehend or search, customs are upheld, including retreat or to leave following compromise through Article 56 in the Code of Criminal Procedure

Search Documentation

• Documents are unsealed, and they are provided to the Public Prosecution in recording in the search report
• A search has a representative, otherwise 2 witnesses, (relatives/neighbors).
• All is under Article 59
• If knowledge of the item due to the search is revealed, it is under Article 432, which is the Penal Code penalty
• The authority immediately notifies and imposes precautionary measures per Article 60
• The authority must seize and describe them per Article 61
• All items must be labelled, packaged to prevent tampering and there is a request of signature and if they refuse their refusal is noted