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What happens if a person tries to file an fir in a police station which does not have a jurisdiction over the area of the crime?

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Final answer:

When an FIR is filed in a police station without jurisdiction, it should be recorded and transferred to the correct jurisdiction. The police must also inform suspects of their rights to counsel and against self-incrimination under the Fifth Amendment; failure to do so can make an interrogation illegal. Evidence from illegal searches without a warrant is usually not admissible in court.

Step-by-step explanation:

If an individual attempts to file an FIR (First Information Report) in a police station that lacks jurisdiction over the area where the crime occurred, the police station is still responsible for recording the FIR. Afterwards, they should transfer it to the appropriate station within the correct jurisdiction. In instances of immediate action being necessary, the police may take action to prevent any further harm or to apprehend the suspected individuals before transferring the case.

In regard to police procedures, officers must notify suspects of their rights, which includes the right to counsel and protection against self-incrimination under the Fifth Amendment. An interrogation without this notification can be a violation of the Fifth Amendment. In cases where illegal searches occur without a warrant and uncover evidence of a crime, such evidence is typically inadmissible in court under the exclusionary rule, as established by Mapp v. Ohio. Furthermore, officers require probable cause to issue arrest warrants or to arrest someone for a felony without one.

User Mark Dickinson
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