일반인의 압수수색 집행 조력의 근거와 한계

Recently, the National Human Rights Commission of Korea judged that the police's execution of search and seizure warrant was a violation of due process by involving civilian to assist in the execution. However, it is doubt that civilians will not be allowed to assist in the search and seizure execution at any time. Forced disposition such as search and seizure should be exercised directly by the state public authority, but the "direct exercise" means that the law enforcements execution should be led mainly by agents, not necessarily by the hands of them only throughout the process. While law enforcements should make constant efforts to cope with the ever-evolving crimes in line with the remarkable technological developments in modern society, it could deal with crimes more efficiently if superior private resources can fill the gaps in criminal cases that can arise due to the limitations of manpower and resources. From this point of view, this study will analyze the cases of U.S., where a number of cases of third-party participation in search and seizure are accumulated, evaluate its implications and issues, and discuss whether civilian is allowed to assist the execution of search and seizure, procedures when allowed, and limitations thereof in Korea.