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) | ||
| + | |||
| + | ===Kenya=== | ||
| + | |||
| + | 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. | ||
| + | |||
| + | Criminal Procedure Code, 2009 | ||
| + | |||
| + | 26 (1) A police officer, or other person authorized in writing in that | ||
| + | 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 | ||
| + | that anything upon, with or in respect of which an offence has been | ||
| + | committed, or anything which is necessary for the conduct of an | ||
| + | investigation into an offence, is, or is reasonably suspected to be, in any | ||
| + | place, building, ship, aircraft, vehicle, box or receptacle, the court or a | ||
| + | magistrate may by written warrant (called a search warrant) authorize | ||
| + | a police officer or a person named in the search warrant to search the | ||
| + | place, building, ship, aircraft, vehicle, box or receptacle (which shall | ||
| + | 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 | ||
| + | dealt with according to law. | ||
| + | |||
| + | ===Tanzania=== | ||
| + | |||
| + | Criminal Procedure Act, 1985 | ||
| + | |||
| + | 25(1) Subject to the provisions of sections 50 and 51 of this Act, any | ||
| + | police officer may do any or ail of the following things namely, stop, search | ||
| + | and detain: | ||
| + | |||
| + | (a) any vessel, boat, aircraft or vehicle in or upon which there is | ||
| + | reasonable cause to suspect that there are- | ||
| + | |||
| + | (i) any stolen goods; | ||
| + | |||
| + | (ii) any things used or intended to be used in the commission of an | ||
| + | offence; | ||
| + | |||
| + | (iii) without lawful excuse, any offensive weapons, an article of | ||
| + | disguise or any article prohibited under any law; | ||
| + | |||
| + | (b) any person who is reasonably suspected of having or conveying inany manner any of the articles mentioned in paragraph | ||
| + | |||
| + | 38(1) If a police officer in charge of a police station is satisfied that | ||
| + | here is reasonable ground for suspecting that there is in any building, | ||
| + | vessel, carriage, box, receptacle or place- | ||
| + | |||
| + | (i) anything with respect to which any offence has been committed; | ||
| + | |||
| + | (ii) anything in respect of which there are reasonable grounds to believe that it will afford evidence as to the commission of any offence; | ||
| + | |||
| + | (iii) anything in respect of which there are reasonable grounds to | ||
| + | believe that it is intended to be used for the purpose of committing | ||
| + | any offence, and the officer is satisfied that any delay would result in the removal or destruction of that thing, or would endanger life or property, he may | ||
| + | search or issue a written authority to any police officer under him to | ||
| + | search the building, vessel, carriage, box, receptacle or place as the case | ||
| + | may be. | ||
| + | |||
| + | (4) No prosecution resulting from the exercise of powers under this | ||
| + | section shall be commenced without the consent of the Director of Public | ||
| + | Prosecution. | ||
| + | |||
| + | 42(l) A police officer may | ||
| + | |||
| + | (a) search a person suspected by him to be carrying anything concerned with an offence, | ||
| + | or | ||
| + | |||
| + | (b) enter upon any land, or into any premises vessel or vehicle, in which he believes on | ||
| + | reasonable grounds that anything connected | ||
| + | with an offence is situated, | ||
| + | and may seize any such thing that he finds in the course of that search, | ||
| + | or upon the land or in the premises, vessel or vehicle as the case may be- | ||
| + | |||
| + | (i) if the police officer believes on reasonable grounds that it is necessary to do so in order to prevent the loss or destruction of anything connected with an offence; and | ||
| + | |||
| + | (ii) the search or entry is made under circumstances of such seriousness | ||
| + | and urgency as to require and justify immediate search or entry | ||
| + | without the authority of an order of a court or of a warrant issued | ||
| + | under this Part. | ||
| + | |||
| + | (2) A police officer who believes on reasonable grounds that a person | ||
| + | is carrying an offensive weapon or anything connected with an offence may | ||
| + | stop that person and seize any such weapon or thing that is found on the | ||
| + | person. | ||
| + | |||
| + | (3) A police officer who believes on reasonable grounds that an offensive weapon, or anything connected with an offence is being carried in a vessel or vehicle, may stop and seize any such weapon or thing found in the vessel or vehicle. | ||
===Uganda=== | ===Uganda=== | ||
