Question

search and seizure differ between criminal investigations, administrative searches and inspections regarding regulated businesses? Explain fully, givin exampled of each Business Law 285

Answer 1

CRIMINAL INVESTIGATIONS

Criminal investigation is the process of collecting, analyzing, investigating, interviewing, relating, interrogating and using the evidence regarding the criminal issue. This is the process where the evidences have been finding out regarding the instance happened. Here the crime has been done after that the evidences has been found out.

For example, the company is involved in the terrorist financing so the company not following the rules and regulation of the government and they whitewash the money from black to white. This is the criminal offence done by the company so the investigation team has bee appointed by the government officials of the country for the detection of the evidence regarding this crime.

ADMINISTRATIVE SEARCHES

The administrative search is done by the authority of the business in case of private entity and in case of public entity, the government officials would be responsible for the investigations. They actually provide the safety to the business operations by doing so. They do the Safety inspection of the business. Here the crime may not be happened.

For example, the administrative search is done to provide the pre-safety measure to the employees of the organization from any kind of harm to them as well as to their working. In the company of financial industry as advisory services provider employee involve in the malpractices such as bribery. So, the investigation agency will find out the evidences regarding this and they would look for the safety of others too.

INSPECTIONS REGARDING REGULATED BUSINESSES

The inspections are the process of finding out the errors in the growth of the business. This actually helps to enhance the capability of the business to perform in a better way. This finds out the minor mistakes during the working process followed by the employees of the company. Inspection is not the for the detection of criminal activity but only to find out the mistakes or errors which may be done intentionally or unintentionally to the business.

For example, a separate inspection team is authorized for the inspection of the business by the government. The company which is working for the financial management has been inspected based on the criteria such as error free work, faults in the systems, rules and regulations followed by the company etc. So, the result of the investigation would be intimated to the company so they can change the process if found mistaken.