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10 Things You Must Know About Police Search

OGUGUA BELONWU
5.79k views;
Posted on December 24, 2015;

Police search people and properties from time to time. These searches are necessary to help get evidence to be presented in court during trial. The search must however be seen by a reasonable man as necessary.  

What can be searched?

  • A person, property or building can be searched.

Who can search?

  • A woman can only be searched by another woman however, a man can search a woman’s handbag or wallet.
  • In Lagos, a woman should search a woman and a man should search a man. Even while conducting the search, there should be strict regard to decency.

Search warrant

  • To search a person, there is no need for a search warrant but to conduct a search on a property, there must be a valid search warrant.

Time of search

  • A search warrant can be executed any day between 5am - 8pm including Sundays and public holidays.

Before actual search

  • The search warrant must be shown to the owner of the house before searching the house.
  • Also, the person conducting the search must first submit himself to a search before carrying out the search.

Search Refusal

  • If the owner of the house refuses the person from entering the house even after seeing the search warrant, the person can break into the house, seize whatever he has to seize and break out without incurring any liability.
  • The search must be carried out in the presence of at least two adults who stay in the neighbourhood.

Illegal Search

  • If the search is conducted illegally, the owner of the house can sue for damages. But if evidence was obtained illegally, the evidence will still be admissible in court. 

Extras

  • If the premises to be searched is occupied by women in purdah, it must first be announced that a search is to be conducted so that the women can have sufficient time to stay away from the premises.

Police officers are encouraged to strictly comply with the rules of searches so that they do not violate the rights of citizens.

Culled from www.tylegal.com

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