The Police Legal Gaps at Law Enforcement Checkpoints

The Criminal Procedure Code of 2013 plays a very important role in balancing the individual and social rights of individuals with the sovereign (state) rights. However, what is remarkable; the rapid pace of social change, the increase in the scope and speed of the transfer of crimes, the change and complexity of the methods of committing a crime, and the introduction of emerging crime into the social realm face the path to law enforcement with the challenges that are left behind in the elaboration of the horizons of thought. And the legal gaps caused by the lack of prediction of all the far and distant angles by the legislator also made the police, as one of the security and law enforcement agencies, to be encountered with major challenges, especially when dealing with cases of non-flagrant and suspicious offenses in the physical inspection of individuals as well as car safety inspections. The main purpose of this study is to identify the legal gaps in police checkpoints for the individuals and vehicles. This study has been carried out within the area of police command of Ardabil province. The statistical population consisted of 68 individuals, including all staff members of the checkpoints of Ardabil province. Due to the limited statistical population, and for the purpose of reliability and validity of the research using the instrument of a researcher-made questionnaire, the staff members of the narcotic police, criminal investigation police, the anti-smuggling staff members, and the police experts of the police and prevention police of the province were also questioned. Findings and results: In this study, we found that there are some legal gaps in the physical inspection of individuals, vehicles, etc. at the checkpoints. The most important challenges of the checkpoints in the new Criminal Procedure Code are as follows: judicial coordination to conduct physical inspections in dealing with suspects, the existence of inconsistent perceptions about the calling-for-deeds and forbidding-the-evil-doing agents regarding the privacy of personal cars, and the uncertainty of the discovered unauthorized assets.