Public Manhunts and Individual Rights (From Moeglichkeiten und Grenzen der Fahndung - Arbeitstagung des Bundeskriminalamtes Wiesbaden, P 37-50, 1980 - See NCJ-78924)

• NCJ Number: 78927
• Author(s): H Schneider
• Date Published: 1980
• Length: 14 pages
• Publication Format: Document
• Language: German
• Country: West Germany (Former)
• Note: Lecture given at Working Conference of the Federal Bureau of Criminal Matters, November 12-15, 1979.

Annotation

The legal basis for public dragnets in West Germany, the effects of such dragnets on individual rights and resulting limitations on dragnets, and criteria for making decisions about dragnets in individual cases are discussed.

Abstract

Large-scale intensive police searches for persons or objects using public appeals are controversial but legally permissible. Under provisions of police law, searches can be interpreted as part of the actions necessary for meeting police responsibilities, even though search parameters are not clearly defined. The most important limitations on searches result from the laws protecting the rights of individuals. These rights include both respect for human dignity and protection of the private sphere, as well as the presumption of innocence until proof is provided and resocialization when guilt has been established. In large-scale searches the public interest in protection from danger and crime solution conflict directly with the private interests of individuals in protection of their intimate spheres. Various interests must be weighed on an individual basis to assure maximum effectiveness of the search while protecting constitutional rights. Searches with intensive involvement of the public are thus only advised when all other search methods have been exhausted. The search effort must be in keeping with the nature of the offense and the possible consequences to the offender. Finally, intervention in the individual sphere to achieve certain ends must be kept to a minimum. Criteria to determine the admissibility of searches must consider the priority of individual rights, the circumstances surrounding the offense, and the purposefulness of the search operation. No patent solutions exist for deciding about the wisdom of large-scale searches. But police should remain aware of the controlling role of judges in search actions. The courts may review the extent to which searches interfere with individual rights, while the assessment of involved offense circumstances and the methods of operation matters for the police authorities. If the permissible bounds for searches are violated, individuals may collect civil damages. Careful planning must therefore precede any public search action. Notes and the text of the discussion following the presentation of the paper to a conference on manhunts and searches are included.