Difference between revisions of "Search and Seizure"

From Criminal Defense Wiki
Jump to navigationJump to search
Line 1: Line 1:
 
== Search and Seizure Examples ==
 
== Search and Seizure Examples ==
  
===Zimbabwe===
+
===Cambodia===
  
* When searching without a warrant, police officers shall not enter any dwelling without the consent of the occupier (part VI, div B s 54(2) CPEA);
+
* In case of a flagrant offence, judicial police may conduct a search at anytime, after obtaining the authorization from the Royal Prosecutor, which is valid even if the authorization is verbal (art. 91 CCCP)
  
* The State may seize any article -which is concerned in or is on reasonable grounds believed to be concerned in, the commission or suspected commission of an offence - which it is on reasonable grounds believed may afford evidence of the commission or suspected commission of an offence - which is intended to be used or is on reasonable grounds believed to be intended to be used in the commission of an offence (part VI, div B s (49) (a-c) CPEA)
+
'''Search of home'''
  
These articles may only be seized by virtue of a warrant (part VI, div B s (50) CPEA)
+
* A written consent from the occupant of the house is required for a search to be conducted. Where the occupant denies access for search, the President of the Court of First Instance who has territorial jurisdiction may authorize the search and the Prosecutor shall personally lead the search. It cannot be conducted before six o clock in the morning and after six o clock in the evening. (art.113 CCCP)
 
 
* A police officer may search any person or premises and consequently seize an article without a warrant if: - the person concerned consents to it - if he believes on reasonable grounds that a warrant would have been issued to him or that the delay in obtaining one would prevent the seizure or defeat the object of the search. For more exceptions see (part VI, div B s (51) (1-3)
 
  
'''Search of a person'''
 
 
* A peace officer or other person arresting any person under this Part may search that person, and shall place in safe custody all articles, other than necessary wearing apparel, found on him (part V, div A, s (41) (2) CPEA)
 
  
 
===China===
 
===China===
Line 39: Line 34:
 
* If a police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within any place, the person residing or being in charge it, shall allow the officer free ingress thereto, and afford all reasonable facilities for a search therein. (s.47 CPC)
 
* If a police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within any place, the person residing or being in charge it, shall allow the officer free ingress thereto, and afford all reasonable facilities for a search therein. (s.47 CPC)
  
===Cambodia===
+
===Zimbabwe===
 +
 
 +
* When searching without a warrant, police officers shall not enter any dwelling without the consent of the occupier (part VI, div B s 54(2) CPEA);
 +
 
 +
* The State may seize any article -which is concerned in or is on reasonable grounds believed to be concerned in, the commission or suspected commission of an offence - which it is on reasonable grounds believed may afford evidence of the commission or suspected commission of an offence - which is intended to be used or is on reasonable grounds believed to be intended to be used in the commission of an offence (part VI, div B s (49) (a-c) CPEA)
 +
 
 +
These articles may only be seized by virtue of a warrant (part VI, div B s (50) CPEA)
  
* In case of a flagrant offence, judicial police may conduct a search at anytime, after obtaining the authorization from the Royal Prosecutor, which is valid even if the authorization is verbal (art. 91 CCCP)
+
* A police officer may search any person or premises and consequently seize an article without a warrant if: - the person concerned consents to it - if he believes on reasonable grounds that a warrant would have been issued to him or that the delay in obtaining one would prevent the seizure or defeat the object of the search. For more exceptions see (part VI, div B s (51) (1-3)
  
'''Search of home'''
+
'''Search of a person'''
  
* A written consent from the occupant of the house is required for a search to be conducted. Where the occupant denies access for search, the President of the Court of First Instance who has territorial jurisdiction may authorize the search and the Prosecutor shall personally lead the search. It cannot be conducted before six o clock in the morning and after six o clock in the evening. (art.113 CCCP)
+
* A peace officer or other person arresting any person under this Part may search that person, and shall place in safe custody all articles, other than necessary wearing apparel, found on him (part V, div A, s (41) (2) CPEA)

Revision as of 09:24, 4 May 2010