Difference between revisions of "Search and Seizure"
From Criminal Defense Wiki
Jump to navigationJump to search (→Kenya) |
|||
Line 41: | Line 41: | ||
Constitution | Constitution | ||
− | 76 (1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises. | + | *76 (1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises. |
Criminal Procedure Code, 2009 | Criminal Procedure Code, 2009 | ||
− | 26 (1) A police officer, or other person authorized in writing in that | + | *26 (1) A police officer, or other person authorized in writing in that behalf by the Commissioner of Police, may stop, search and detain - |
− | behalf by the Commissioner of Police, may stop, search and detain - | + | **(c) any person who may be reasonably suspected of having in his possession or conveying in any manner anything stolen or unlawfully obtained. |
− | + | *118. Where it is proved on oath to a court or a magistrate | |
− | |||
− | 118. Where it is proved on oath to a court or a magistrate | ||
that anything upon, with or in respect of which an offence has been | that anything upon, with or in respect of which an offence has been | ||
committed, or anything which is necessary for the conduct of an | committed, or anything which is necessary for the conduct of an | ||
Line 60: | Line 58: | ||
be named or described in the warrant) for that thing and, if the thing | be named or described in the warrant) for that thing and, if the thing | ||
be found, to seize it and take it before a court having jurisdiction to be | be found, to seize it and take it before a court having jurisdiction to be | ||
− | dealt with according to law. | + | dealt with according to law. |
===Tanzania=== | ===Tanzania=== |