You have a right to keep your body and property private. But sometimes the police need to collect evidence against criminals, so they are allowed to search you. They can take things away which is called seizing. There are two ways of searching and seizing property. These are:

SEARCH WITH A SEARCH WARRANT

The police must get legal permission for a search. It is usually signed by a magistrate. It must describe the person or the place to be searched and the things which the police will seize.
The police must carry out the search by day unless the warrant says they can search at night.
The police can only search the people and property mentioned in the warrant and they can only seize the things mentioned in the warrant.
If the police are about to search you or seize your property, you can demand to see the search warrant.
A special type of search warrant can be issued allowing the police to enter any place or premises if they think that a m;eeting held on the premises threatens state security, or if they think that any offence was committed or planned on the premises.

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 your premises if you refuse to allow them in and they ask you if they can 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 damage 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)