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Information Journal Paper

Title

Study the Limits of Police Authority in Inspecting the Accused Car and Mobile Phone in the Criminal Law System of Iran and the United States

Pages

  35-59

Abstract

 Field and Aims: The relationship between Privacy and police restrictions on vehicle and cell phone inspections is one of the most important issues in the criminal law of Iran and the United States. However, justifying the preservation of criminal reasons along with maintaining the security of the police in the rule of investigation after the arrest of the accused has made the requirements of the Privacy of the accused a secondary priority. The purpose of this study is to investigate the impact of Car and cell phone Privacy requirements on the rule of physical search after the arrest of the accused in the criminal law of Iran and the United States. Methodology: The present study is based on a descriptive and analytical method and based on library documents and resources. In this regard, the regulations and documents related to the limits and powers of the police in inspecting vehicles and Mobile Phones in the Iranian and US legal systems have been reviewed. Findings and Results: The spirit of Iran’ s criminal law implies the prohibition of the police in the initial detection of a crime and in the first instance in the investigation of an intangible crime outside the judicial license and unrelated to the crime. However, the United States Police, without distinction, inspect the objects seized by the accused immediately after her/his arrest and extends the scope of the inspection without a separate judicial authorization to other possible offenses unrelated to the offense of origin and to the Privacy of the vehicle and telephone of the accused. While the conduct of the police as a whole has not been confirmed in the United States jurisprudence, there is no single position on the matter.

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  • Cite

    APA: Copy

    SALEHI, JAVAD. (2021). Study the Limits of Police Authority in Inspecting the Accused Car and Mobile Phone in the Criminal Law System of Iran and the United States. POLICE INTERNATIONAL STUDIES, 12(45 ), 35-59. SID. https://sid.ir/paper/388732/en

    Vancouver: Copy

    SALEHI JAVAD. Study the Limits of Police Authority in Inspecting the Accused Car and Mobile Phone in the Criminal Law System of Iran and the United States. POLICE INTERNATIONAL STUDIES[Internet]. 2021;12(45 ):35-59. Available from: https://sid.ir/paper/388732/en

    IEEE: Copy

    JAVAD SALEHI, “Study the Limits of Police Authority in Inspecting the Accused Car and Mobile Phone in the Criminal Law System of Iran and the United States,” POLICE INTERNATIONAL STUDIES, vol. 12, no. 45 , pp. 35–59, 2021, [Online]. Available: https://sid.ir/paper/388732/en

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