CRIMINAL LITIGATION; SEARCH

we shall be discussing search because people resist search when need arise, also when cars are stopped on highways to be searched people feel the police are acting beyond the powers conferred on them some even see it as a waste of time.

A search is an examination of a person’s body , vehicle, house,  premises, or any vessel with the view to discover contraband, illicit, stolen property or some evidence of guilty to be used in the prosecution of a criminal action for some other or offence with which he is charged.

The general rule is that before a search can be conducted; there must be a warrant to be issued by appropriate authority for there to be a valid search.

The power to search the body of the person arrested is conferred on the police officer making such arrest, he needs give no reason for the search, a private person who has custody of an arrested person also has power to search a person. The search of a lady is to be carried out by another lady not by a man this is the provision of section 43(3) of the criminal procedure code, the search of the body of a woman must be done with strict regard to decency but it is lawful for a man to search other things attached to the body of a woman i.e. handbags, wallets etc

The search of premises must be conducted in the presence of two respectable inhabitants of the neighborhood summoned by the person to whom he search is addressed. Where the premises to be search belong to a woman in Pudah, they should be allowed to withdraw provided they are not the object of search.

The authority to issue a search warrant is conferred on a judge, magistrate of a senior police officer, search warrant may be issued and executed on any day including Sunday and public holidays between the hurs of 5am and 8pm but this does not mean this provision cannot be waived at anytime in other to meet the exigency of a particular vessels used for smuggling at night or house of ill repute.

A police officer may detain and search any person he reasonably suspects of any immoral or criminal act. Also before a search warrant is executed on a person, premises or thing warrant must be shown to the person, occupier or person in control of thing. The body of the person who intends to conduct the search will then be searched by by the person named in the warrant.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL