§To search you, police must have reasonable suspicion that you are committing or have committed an offence. They should tell you why they want to search you.
§A woman must be searched by a woman only, and if no female police officer is available, the search must be made by any woman designated for that purpose by a police officer. Men should also be searched by men.
House Search
§If the police want to enter your house, you should ask them if they have a warrant. Ask to see the warrant!
§However, there are cases where the police can search without a warrant. For example, when it is believed that a crime has been or about to be committed
§A warrant will normally be executed by day unless otherwise stated and where good reasons were given why it must be done at night.
§A warrant should be executed only within the strict specifications mentioned within the warrant.
§Follow the officer during the search!
§Ask the officer his name but if he fails to identify himself, note anything that can help you to identify the officer for example, his badge number, markings on the car he drove, etc.
§Look carefully at the officer so that you may be able to identify him, if necessary you can relay the description at a later date.
§Request a signed list of anything that the officer takes with him.
Vehicular Search
§If the police wish to search your vehicle they must tell you the reasonable grounds for wanting to search. They do not have a right to search as a matter of routine.
DETENTION
§Police officers often lock up persons without charging them.
§If you are detained for more than 24 hours without being charged, you can get a lawyer to go to court for an order for the police to release you if they are not going to charge you. This is known as habeas corpus.Habeas Corpus which literally means “bring the body” is a writ or legal action through which a person can be released from unlawful detention.
NB. The above is still in effect as the 2010 amendments to the Bail Act as part of the Anti-Crime Bills address the issue of bail and not detention. Bail is only relevant when you are charged with an offence. Please see the “RIGHT TO BAIL - COURT” in the next section.
* Detention period may be extended under State of Emergency circumstances.
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