Criminal procedure act search without a warrant
Can a search be conducted without a warrant?
However, such a type of search without a warrant can only be executed where there are reasonable grounds to believe that a search warrant will be issued to the relevant police official should he apply for it and that the delay in obtaining such warrant would defeat the object of the search
Do I need a warrant for a search & seizure?
The first and utmost importance is that you need to provide your consent for the search and seizure
The second requirement is if the police officer reasonably believes that obtaining a search warrant will delay and defeat the object of the search
Does a warrantless search violate the right to privacy?
Also relevant to this paper, a warrantless search by the police at the house of a suspect may violate the right to privacy of the suspect (the subjective right) as well as the views of the community (the objective right) regarding the intrusive conduct of the police
This is the topical matter that is at the heart of this paper
×Section 22In terms of section 22 of the Criminal Procedure Act, the police can search and seize without a warrant when they are reasonably sure that they would have been granted a warrant, and that the delay caused by getting the warrant would defeat the purpose of the search. The Criminal Procedure Act allows the police to search any person or any container or premise of that person without a search warrant. However, a police officer that acts contrary to the Act in terms of search warrants shall be guilty of an offence and liable on a conviction to a fine not exceeding R600.00 or to imprisonment for a period not exceeding six months.,There is no doubt that a person’s privacy is violated when police conduct a search and seizure without a warrant, but in terms of section 22 of the Criminal Procedure Act, the police can search and seize without a warrant when they are reasonably sure that they would have been granted a warrant, and that the delay caused by getting the warrant would defeat the purpose of the search.For example, s 22(b) of the Criminal Procedure Act authorises a police officer to invade another’s private sphere without obtaining a warrant if she believes on reasonable grounds both that a search warrant would have been issued had she applied for one in terms of s 21(1) the Act and that the delay in obtaining a warrant would have defeated the object of the search.The Criminal Procedure Act allows the police to search any person or any container or premise of that person without a search warrant.In terms of our Criminal Procedure Act, law enforcement officers need a warrant to search and seize, this applies to the searching of people or their property.In terms of Section 28 of the Criminal Procedure Act, a police officer that acts contrary to the Act in terms of search warrants shall be guilty of an offence and liable on a conviction to a fine not exceeding R600.00 or to imprisonment for a period not exceeding six months.
