Difference between revisions of "Search and Seizure"
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* 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) | ||
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| + | ===Uganda=== | ||
| + | |||
| + | Criminal Procedure Act, 1950 | ||
| + | |||
| + | 3. Search of place entered by person sought to be arrested. | ||
| + | |||
| + | (1) If any person acting under a warrant of arrest, or any 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 in or | ||
| + | being in charge of that place shall, on demand of the person acting under the | ||
| + | warrant or such police officer, allow him or her free ingress to the place and | ||
| + | afford all reasonable facilities for a search in it. | ||
| + | |||
| + | (2) If ingress to such place cannot be obtained under subsection (1), | ||
| + | it shall be lawful in any case for a person acting under a warrant, and in any | ||
| + | case in which a warrant may issue, but cannot be obtained without affording | ||
| + | the person to be arrested an opportunity to escape, for a police officer, to | ||
| + | enter the place and search in it, and in order to effect an entrance into the | ||
| + | place, to break open any outer or inner door or window of any house or place, | ||
| + | whether that of the person to be arrested or of any other person, if after | ||
| + | notification of his or her authority and purpose, and demand of admittance | ||
| + | duly made, he or she cannot otherwise obtain admittance. | ||
| + | |||
| + | 6. Search of person arrested. | ||
| + | |||
| + | |||
| + | |||
| + | (a) by a police officer under a warrant which does not provide for the | ||
| + | taking of bail, or under a warrant which provides for the taking | ||
| + | of bail but the person arrested cannot furnish bail; or | ||
| + | |||
| + | (b) without warrant, or by a private person under a warrant, and the | ||
| + | person arrested cannot legally be admitted to bail or is unable to | ||
| + | furnish bail, | ||
| + | the police officer making the arrest or, when the arrest is made by a private | ||
| + | person, the police officer to whom he or she makes over the person arrested, | ||
| + | may search that person and place in safe custody all articles, other than | ||
| + | necessary wearing apparel, found upon him or her. | ||
| + | |||
| + | (2) Notwithstanding subsection (1), a police officer may search any | ||
| + | person who has been arrested and may take possession of anything found on | ||
| + | the person which might reasonably be used as evidence in any criminal proceedings. | ||
| + | |||
===United States=== | ===United States=== | ||
