Rights and Limitations
The powers of French Police and Gendarmerie forces are constrained by statute law and jurisprudence. The rules of procedure depend on the stage of enquiry:
- Crimes committed in flagrante delicto, in which a suspect was found committing the crime, or pursued by witnesses, or found in possession of objects from the crime or other probable cause.
- Preliminary enquiries — it is unclear whether a crime, or which crime, has been committed, but there exist good reasons to believe this might be the case.
- Judicial information — an investigative magistrate (a judge, external to the police) supervises an enquiry on a case where it is certain, or at least very probable, that a crime has been committed.
In particular, outside of crimes in flagrante delicto, law enforcement forces may not conduct searches or arrests without a specific commission from the investigative magistrate.
Not all law-enforcement officers are capable of making full arrests or conducting searches; these powers are, by law, restricted to those have special legal qualifications (see next section).
Read more about this topic: Law Enforcement In France
Famous quotes containing the words rights and/or limitations:
“Anglo-Saxon civilization has taught the individual to protect his own rights; American civilization will teach him to respect the rights of others.”
—William Jennings Bryan (1860–1925)
“Growing up means letting go of the dearest megalomaniacal dreams of our childhood. Growing up means knowing they can’t be fulfilled. Growing up means gaining the wisdom and skills to get what we want within the limitations imposed by reality—a reality which consists of diminished powers, restricted freedoms and, with the people we love, imperfect connections.”
—Judith Viorst (20th century)