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Search Without a Search Warrant

The police do not need a search warrant to search if:

  • You agree to let them search you
  • The police have reasonable grounds for thinking that a magistrate would issue a warrant, but that the delay in getting the warrant would give you time to get rid of the evidence
  • You are arrested
  • The search is at a roadblock but they must still have reasonable grounds for thinking that a magistrate would issue a warrant
  • The police suspect that you have drugs or dagga, illegal liquor, guns or ammunition or stolen crops or animals with you
  • The police reasonably suspect you have information that can help an investigation Then they can enter your property to question you, but they must always first ask for your consent to search or enter your property.

The police can use force to enter premises if you refuse to allow them in and they asked you if they could enter.

A policeman can only search men NOT women. Women can only be searched by policewomen or any other woman that the police ask to do the searching.

If your premises are unlawfully searched or if you are abused during a search, you can sue the government. You can also sue the government if the police damaged any of your property unnecessarily. If the police get evidence against you by going against any of your rights, the court may refuse to hear that evidence. (See: Problem 10: Police misconduct)

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