The Essence of a Lawful Stop and Search in Iranian and English criminal law

Ensuring the rights of individuals in a society is one of the most important issues supported by legislators, which is very important in the pre-trial stage. Therefore , in addition to countries, international documents have paid attention to it as well. Among the cases restricting the liberty of individuals , stop and search is one of the cases that lead to the violation of the rights of individuals, including the right to liberty and privacy. Therefore, it has been considered by the legislator in Iranian and English law. Judicial officers as the authorities responsible for conducting stop and search, have various duties and powers in this field, the violation of which conflicts with the right to privacy. Furthermore , a stop and search can reveal new reasons for committing a crime, so an illegal stop and search can lead to the invalidity of such evidences due to the illegality of the method of finding evidence, in order to ensure a fair trial. A comparative study of stop and search in Iranian and English criminal law can reveal its strengths and weaknesses in these two countries.