It is important to understand that any person detained by the police, whether for questioning, for the purpose of verification of identity, to test alcohol level, etc. is in the custody of police and is, therefore, under the care of the State. It is the responsibility of the State to ensure protection of the human rights of all persons in its custody. C. Search and Seizure Every citizen has the right to be free from unreasonable government intrusion into his or her person, home, business, and property. Lawmakers and the courts have put in place legal safeguards to ensure that law enforcement officers conduct searches and seizures only under certain circumstances, and through specific methods. D. Right to Counsel Article 22 of the Constitution of India guarantees an accused the right to a lawyer. Hon’ble Supreme Court in Hussainara Khatoon (IV) has held that “…the right to free legal service is clearly an essential ingredient to a reasonable, fair and just procedure for a person accused of an offence and it must be held implicit in the guarantee of Article 21 and the status under constitutional mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so required…” The right to counsel applies during all custodial interrogations (i.e. the accused has been brought into police custody for questioning) and at all critical stages of a prosecution after formal proceedings have begun. These stages include post-indictment interrogations, arraignment, guilty plea, and trial. E. Right to a Speedy Trial The Constitution provides an accused the right to a speedy trial. Although this right is not explicitly stated in the constitution, it has been interpreted by the Hon’ble Supreme Court of India in the judgment of Hussainara Khatoon. This judgment mandates that an investigation in trial should be held “as expeditiously as possible”. The accused is not to be detained in police custody for more than 24 hours without being produced before a Magistrate. An officer not below the rank of sub-inspector is to produce the accused to a Judicial Magistrate who may allow the accused to be held remanded to fifteen days in police custody. If a Judicial Magistrate is not available, an Executive Magistrate so empowered Manual on Human Rights for Police Officers 59