CONFLICT BETWEEN FUNDAMENTAL RIGHTS AND POLICE INVESTIGATION: THE CASE OF FRISKING

Abstract

The article focuses on a police activity of corporal inspection, known as frisking. It is defined and delimited of other activities of inspection or corporal intervention. We inquire about its true nature and its different modalities. They are analyzed, one by one, the fundamental rights that might be affected, as well as the jurisprudentially demanded requirements, so much to enable his practice, as in relation with his material execution. After a brief reference to case studies and comparative law, is studied in detail the so-called frisking with nudity, by reference to the administrative  regulation that regulates it. It finishes with conclusions and proposals of lege ferenda. It is studied, looking for convenience and simplicity, the current state of the question, with plenty jurisprudence of the Supreme and the Constitutional Court. It is a tool for the application of the law for any juridical implied operator or for knowledge for people interested in the topic.

Key words: Frisking. Fundamental rights. Frisking with nudity. Comparative law.