Chapter 9 – Search and Seizure Flashcards
What does Section 22(a) of the Criminal Procedure Act allow a police official to do ?
Section 22(a) allows a police official to search any person, container, or premises for the purpose of seizing articles referred to in Section 20, if the police official has reasonable grounds to believe that:
- A search warrant will be issued under Section 21(1)(a) if applied for;
- The delay in obtaining such a warrant would defeat the object of the search.
What was the purpose of the Kunjana v Minister of Police case ?
The purpose of the case was to challenge the constitutional validity of Section 11 of the Drugs and Drug Trafficking Act in its entirety.
What was the ruling of the High Court in the Kunjana v Minister of Police case ?
- The High Court ruled that the application directed at the entire Section 11 was too broad.
- The relief was limited to sections 11(a) and 11(g).
- These sections were found to be unconstitutional as they did not specify the time, place, or manner in which searches and seizures should take place.
- This resulted in warrantless searches at any time and place, giving police officials unchecked powers.
What did the High Court say about the role of a warrant in relation to the right to privacy ?
The Court stated that a warrant is not a mere formality, it is a mechanism to balance an individual’s right to privacy with the public interest in enforcing regulatory provisions.
Kunjana case.
What does Section 27 of the Criminal Procedure Act allow regarding the use of force in conducting a search ?
- Section 27 allows police officials to use reasonably necessary force to overcome any resistance when conducting a search of a person or premises.
- This includes the breaking of doors or windows if necessary.
What is the No Knock Clause in Section 27(1) ?
- The No Knock Clause in Section 27(1) states that a police official may use force to enter premises if resistance is encountered, but only after audibly demanding admission to the premises and notifying the purpose of the search.
- The police official must first notify the occupants before using force.
Under what condition does the No Knock Clause not apply, according to Section 27(2) ?
The No Knock Clause does not apply under Section 27(2) when the police official has reasonable grounds to believe that any article subject to the search may be destroyed or disposed of before the requirements of the proviso (demanding admission and notifying the purpose) can be complied with.
What did the court in the Beheersmaatschappij Helling I NV v Magistrate, Cape Town case rule regarding search warrants ?
The court ruled that search warrants must be construed with reasonable strictness and a strict approach to the search must be followed.
What was the court’s view on the involvement of foreign authorities in the search and seizure
process ?
- The court held that the assistance of foreign authorities must be based on South African law.
- The reliance on the Co-Operation Act by the respondents was misplaced.
- The Act’s silence on search and seizure didn’t mean it wasn’t covered, and section 7 had to be complied with before applying for a search warrant under section 20.
Beheermaatschippij case.
Why were the warrants in the Beheersmaatschappij Helling I NV v Magistrate, Cape Town case found to be invalid ?
The warrants were found invalid because they did not specify key details such as the number, time, or descriptions with sufficient clarity and intelligibility, failing to meet the required principles for a valid search warrant.
