Difference between revisions of "Search and Seizure"
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* 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) | * 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) | ||
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| + | ===China=== | ||
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| + | * The client has the right to reject an unlawful search. If he is not shown a search warrant from before, the search is unlawful. A search may be conducted without a search warrant if an emergency occurs at the time of arrest or detention. Any articles and documents discovered during an inquest or search that may be used to prove a criminal suspect's guilt or innocence may be seized, but articles and documents that are irrelevant to the case may not be seized. All seized articles and documents shall be carefully checked by the investigators jointly with the eyewitnesses and the holder of the articles; a detailed list shall be made and duplicated on the spot and shall be signed or sealed by the investigators, the eyewitnesses and the holder. One copy of the list shall be given to the holder, and the other copy shall be kept on file for reference. (art. 111-115 CPL) | ||
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| + | '''Search of person''' | ||
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| + | '''Search of home''' | ||
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| + | * For the purposes of collecting criminal evidence and tracking down a criminal offender, the investigating personnel may search the residence of the crime suspects and persons who might hide the criminal offender or criminal evidence (art. 109 CPL) | ||
