WHEN CAN THE POLICE SEARCH YOUR VEHICLE OR HOME?

WHEN CAN THE POLICE SEARCH YOUR VEHICLE OR HOME?

Are the police entitled to search your vehicle or home without a warrant? If you are stopped at a roadblock, can the police search your vehicle?

In most circumstances, the police should have a warrant before searching your home or vehicle.

WHAT DOES THE LAW STATE?

The police should have a warrant issued before searching your home or vehicle. However, under certain circumstances, the Criminal Procedure Act, the Drugs and Drug Trafficking Act and the Police Act empower the police to search your vehicle or your home without first obtaining a warrant.

The police can search your vehicle or home without your permission and without first getting a warrant if an officer has a reasonable suspicion that you:

1. Are in possession of material to be used in a crime or in possession of   

material used;

      2.  Have committed a crime;

Be that as it may, the police should have evidence to back up the reasonable suspicion.

EXCEPTIONS WHEN POLICE CAN PROCEED WITH SEARCHES

ROADBLOCKS

The Police Act allows the police to set up roadblocks with the permission of the National or Provincial Police Commissioner. The Act allows police officer to search any vehicle stopped at a roadblock.

YOU GIVE PERMISSION

These are the circumstances where the police officer asks your permission to search your vehicle or home and you grant such permission.

URGENCY

The police are legally allowed to search your home or vehicle without your permission and without a warrant to execute a search, if the need is so urgent that the delay caused by obtaining a warrant “would defeat the object of the search”. This basically means that the police can search your vehicle and home to seize evidence they believe would be destroyed.

It is of paramount importance to note that the police involved must have reasonable ground to believe that a warrant would have been issued.

If the evidence is obtained in such a way that there was no real urgency for the search to take place, or insufficient grounds, then the evidence cannot be used in a trial against the accused.

HOW TO RESPOND TO A POLICE SEARCH.

You should remember to always remain calm, polite and co-operative. First, request for identification so that you know that you are indeed dealing with a police official and then ask for a search warrant.

You should make it a point that you do take note of the name, time and the location.

Please also remember that, if you are stopped at a roadblock, your vehicle can be searched. What you can do is to request the police officer to show you his/her ID and written authorization from the National or Provincial Police Commissioner for the setting up of the roadblock.

LEGAL ASSISTANCE IN CASES OF POLICE ASSAULT

If you or your family member experience physical injury as a result of a police assault, for example during an unconstitutional search, then you can claim for personal injury. For best legal support and representation, kindly contact Duvenage Attorneys and we will gladly assist you.