A recent arrest where the owners and SA Police searched homes after following stolen luggage which contained a tracking device, begs the question: When is a search warrant not required?
The police can search your home or car without your permission and without first getting a warrant if an officer has a “reasonable suspicion” that you:
– have committed a crime; or are in possession of material used, or to be used, in a crime.
– A police officer can’t simply search your home or car on a whim. He or she must have evidence to back up the reasonable suspicion.
Exceptions when police can proceed with searches:
– A warrant is needed in most circumstances for the police to legally carry out a search of your car or home, but there are exceptions.
– You give permission :
If a police officer asks for your permission to search your car or home and you grant permission, it is a legal search.
– Roadblocks :
The Police Act allows the police to set up roadblocks with the permission of the National or Provincial Police Commissioner. The Act allows a police officer to search any car stopped at a roadblock.
An officer can seize any item that’s reasonably believed to have been used in a crime or can be used as evidence in proving the commissioning of a crime.
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