Law Enforcement: Powers & Procedures

Exceptional Powers of Law Enforcement Agents

• Investigative procedures are typically handled by the Public Prosecution, not law enforcement with limited judicial authority.
• Exceptionally, law enforcement agents with limited judicial authority may conduct arrests and searches under certain conditions.
• These actions require a delegation order from the Public Prosecution or legal provisions like the Code of Criminal Procedure.

Arrest of the Accused

• Arrest involves seizing someone, restricting their freedom of movement, regardless of duration.
• Arrests generally fall under the Public Prosecution's jurisdiction for investigative procedures.
• Law enforcement agents with judicial authority can conduct arrests under exceptional circumstances.
• An overview of stop-and-question is necessary to distinguish it from arrest.

Stop-and-Question

• Stop-and-question is an administrative measure allowing a public authority agent to stop someone suspected of wrongdoing.
• It's based on objective facts, not personal beliefs, and aims to question them about their destination and identity.
• It is not explicitly regulated in the UAE Federal Criminal Procedure Law, but is allowed if the individual is in a position of doubt and suspicion according to legal scholars and judicial rulings.
• The legality of the stop-and-question determines the validity of consequent procedures.

Stop-and-Question example: Valid

• Suspect increases pace after noticing officer, police stop suspect.
• Suspect drops drugs while retrieving ID, police arrest suspect
• Stop-and-question deemed valid, thus legal procedures are valid and cannot be nullified

Stop-and-Question example: Invalid

• Police become suspicious without reason.
• Individual drops drugs while taking phone out to show location.
• The stop-and-question is deemed unlawful, thus the legal procedures and arrest are invalid and legally unsound.

Arrest vs. Stop-and-Question: Differences

• Only law enforcement agents with judicial authority can arrest; public authority agent can only stop-and-question.
• Arrest restricts freedom, potentially up to 48 hours, while stop-and-question does not.
• Stop-and-question is administrative, for public order; arrest is investigative, within judicial authority.
• Arrest interrupts statute of limitations, unlike stop-and-question.
• Arrest requires probable cause related to a committed crime; stop-and-question needs suspicion based on objective facts.
• Stop-and-question does not need a crime to have occurred.

Judicial Arrest vs. Physical Restraint Differences

• Arrest allows law enforcement with judicial authority to restrict freedom for up to 48 hours if lawful.
• Physical restraint is a precaution to prevent a crime in flagrante delicto when no judicial officer is present.
• Physical restraint limits freedom only to hand over the individual to relevant authorities.
• Article 49 of the Code of Criminal Procedure: Public can physically restrain anyone who commits a felony or misdemeanor in flagrante delicto and hand them to the nearest public authority without an arrest order.
• Article 50 of the Code of Criminal Procedure: Authority agents can apprehend a suspect in cases of felonies/misdemeanors committed in flagrante delicto that are not punishable by a fine and hand them to the nearest law enforcement agent with judicial authority.

Scope of Arrest Powers

• Article 46 of the Federal Code of Criminal Procedure says law enforcement with limited judicial authority can arrest a suspect when:
  • Two conditions are met
  • One of the specified cases is present

Conditions for Arrest

• Suspect must be present.
• There must be probable cause that the suspect has committed a crime mentioned in Article 46.

Cases Where Judicial Officers May Arrest

• If the suspect has committed a felony.
• If the suspect committed a misdemeanor in flagrante delicto punishable by imprisonment/incarceration
  • Flagrante delicto exception
• If the suspect has committed a misdemeanor with a non-fine penalty and is subject to a monitoring order.
• It's also applicable if there is a risk of escape.

Complaint-Based Crimes

• No arrest if the crime needs a complaint, unless the entitled person has filed it.
• This applies in cases where authorization/formal request is needed before the arrest.

Probable Clause

• The Federal Supreme Court defines "sufficient indications" as "apparent signs and circumstances given the facts that indicates an agent can believe a suspect has committed a crime."
• Dubai Court of Cassation: "Draw inferences that do not need to prove guilt, but justify the officer's judgement, based on appropriate authority."

Duration of Arrest

• Article 48 of the procedure says that arrests are limited to 48 hours.
• Law enforcement agents with limited judicial authority must refer suspect to Public Prosecution or release them after this period

Suspect's Rights During Arrest

• Officers must: inform accused of charges, inform the suspect of their right to remain silent, and listen to the suspect's statement.
• The law states agents must reveal charges and right to silence, prior to questioning the suspect.

Absent Suspects

• According to Article 47 of the Code of Criminal Procedure, an agent may order an arrest if suspect is not present due to probable cause.
• The order must be put in the official report, that can be executed by a public authority officer.
• All conditions must be met except suspect presence, which grants authority for the arrest order.

Key Difference between Arrest and Order to Bring In

• Arrest requires presence.
• Order to bring allows agent with judicial authority to issue order.
• An agent with judicial authority can search a person in cases of arrest.
• This is not applicable in bring in and arrest, according to Article 51.

Searching a Suspect - Jurisdiction

• Searching is part of the jurisdiction of the Public Prosecution authority.
• Law enforcement agents with limited judicial authority can carry out the procedure in certain cases.

Searching a Suspect - Article 52 Details

• With limited authority can search, with Article 52 says.
• The conditions mentioned in Article 46 must be met.

Search Timeline

• The search may take place either before or after the arrest.
• The two Article 46 requirements are:
  • Meeting of conditions
  • Meeting one of the specified cases

Search - Freedom

• The legislator recognized that arrests are already an infringement on personal liberty.
• Authorizing searches is allowed, because of this.

Search - Evidence

• Searches are conducted for evidence relating to the suspected crime.
• Purpose of search must be valid, evidence must be a result of lawful search
• If a victim possesses a fire arm, blood test is not appropriate.
• Searching pockets for a large firearm is also unjustified.

Types of Things Involved in Search

• The suspect's body, clothing, or belongings.
• Searching homes are not allowed here.
• A vehicle search is the same as searching inside a vehicle, but is subject to the rules governing home searches if in a private residence

Internal Examinations

• Internal examinations, like blood/urine samples, are allowed if there is probable cause that the suspect has consumed illegal drugs.

Condition Circumstances

• Failure to comply with the conditions invalidates the search procedures.

Lawful Searches

• Incidental searches in which the suspect's involvement in the crime is discovered, the agent may take action of the new offence.
• Legally obtaining weapon instead of illegal drugs is still is still valid.

Searching of Females: Rules

• Article 53 States, If the suspect is a woman a female agent must conduct the search, as well as take oath to perform with honesty and integrity.

Searching of Females: More Things to Know

• Requirement for a woman to search another woman is a matter of public order.
• Violation constitutes nullity of all search procedures and evidence.
• Cannot be rectified, even with subject's consent.
• Jurists state searches only apply to intimate parts determined by customs.
• Law enforcement may check bags/hands if narcotics is involved.
• Customs of UAE says the entire body is private and cannot be searched by a man.

UAE Criminal Procedure Code

• There is no requirement on male/female law enforcements to search based on gender.
• Legislative amendment is needed.

Judicial Search vs. Administrative Search

• Administrative searches are precautionary measures enforcing compliance with regulations.
• Maintains operations and risk prevention.
• Rule is in Article 16 of Law No. 34 of 2024 regarding the regulation of prisons.

Administrative Searches

• Authority can base search based on consent, factory/company workers are included.
• Consent must be given freely without physical/psychological coercion.
• Additional, admin searches are justified by necessity.
• Paramedics can search injured people to prevent loss or theft.

Administrative Searches vs. Judicial

• Judicial has to be conducted by authorities, there is exception when low enforcement agent with limited judicial authority.
• Admin searches are conducted by authorities, the consent of the person being searched is required.

Judicial Objectives

• Collect evidence when crime occurs
• Admin does not occur before crime, to enforce law,
• Instead, it is to ensure the smooth operation of the intuitions

Flagrante Delicto

• If during an admin search, the subject is committing a crime, action can be taken as follows
• If the person conducting is law enforcement, according to article 46, arrest is valid if all the conditions are met.
• If the person is not an authority, they can be detained and sent with a judicial authority, governed by Article 49 and 50

Judicial vs. Preventative

• Protects the location via security measure .
• Carried out by individual authority, to ensure no weapons by person subject
• Physical arrest in Article 49/50 does not validate judicial search, but allows a preventative search if a search is needed
• The standards mentioned in administrative and preventative search as well related to flagging the crime .

Private Places

• State Constitution, Article 36, asserts the inviolability of homes.
• According to Article 54 of the Criminal Procedure, searching a home is disallowed without consent, unless according to the law.

The Criminal Procedure Code Article 55 (UAE)

• One exception to warrant and public needs is flagrante delicto.
• The suspect is hiding documents/items which would help discover the truth.
• Flagrante delicto must be present, according to the conditions of the search.

Dwellings Details

• A dwelling refers to home where a person lives for both temporary and permanent.
• It does not need to need to be their actual residence
• All are parts of the dwelling, home/garage enclosed , Law enforcement can only go via warrant. Law enforcement, via judicial authority, , can enter cafes/clinics, subject to conditions.

Conditions

• Entry during public opening
• Entry to areas such as clinic reception only
• Checks and objects are disallowed
• This action constitutes flagging , which can bring legal power.
• Classification of a place depends on actual use.

Additional Notes

• Law enforcement can still enter dwellings given certain situations.
• If a crime is in progress (flagging), exceptional powers are granted.
• The agent can perform an authorized arrest, via arrest warrant, subject to restrictions.
• The dwelling is only acceptable if you are looking for a suspect who is a hiding.
• During lawful dwellings, agents can use exceptional powers to conduct narcotics, given all other conditions are met.
• Courts can rely of accusations from publicly available documents to justify actions .

Suspects

• A law enforcement agent with a limited judicial power may search suspects in the homes given strong indications .

Important things to note when Conducting a Home Search

• According to Article 55 of the Criminal Procedure.
• The intent is to locate items that are listed w a intent.
• If the suspect has a weapon bank is non suitable to inspection, its non valid.
• If is valid then authority can access crime help.

Additional notes

• Women should allow agents to keep local cultures with no searches against local cultures.
• Allow to leave if not a suspect is located in the Article 56 of the Procedure .
• Do not open sealed/otherwise closed documents as the Law does not allow to open them.
• Place them in the search report with the prosecution
• Search should have either the suspect or their authority the search must have with them or adult witness/witnesses which should be neighbors.
• Cannot tell unauthorized person the information.

Article 60

• Agents with limited judicial authority can take action to help keep them for uncovering .
• Immediately let the Public Prosecution what happened.
• Object that can result to the crime, the people involved with either crime or those who are helping must report, as well as given labels and in closed to tamper