Search,summon,arrest Flashcards
What is a summons?
A document issued by the court directing a person to appear in court at a stipulated date and time to answer to a charge or allegation against them.
Who can issue a summons?
Only three persons can issue a summons:
* A Magistrate
* A Judge
* A Justice of Peace in the North and FCT
What is the lifespan of a summons?
Once issued, it remains valid until it is cancelled or executed.
What are the consequences of disobeying a summons?
The magistrate or judge may issue a warrant of arrest to compel the individual to appear.
Can a person be arrested with or without a warrant?
Yes, a person may be arrested with or without a warrant.
When can arrest be made with a warrant?
Arrest can be made with a warrant when:
* The law states an offender cannot be arrested without a warrant
* A summons is disobeyed
* A serious offence is alleged
Who can issue a warrant of arrest?
A warrant of arrest can only be issued by:
* A Judge
* A Magistrate
* A Justice of Peace only in the North
True or False: Police officers can issue a warrant of arrest.
False.
When can a warrant of arrest be executed?
A warrant of arrest may be executed on any day and at any time.
Where cannot a warrant of arrest be executed?
A warrant of arrest cannot be executed in a courtroom while the court is sitting or in a legislative house.
What happens to a warrant of arrest once it is executed?
Once executed, the warrant expires and can no longer be used for another arrest.
What is required for a police officer to execute a warrant outside their jurisdiction?
The warrant must be taken for endorsement by a competent court in the executing state.
How can an arrest be made?
An arrest can be made by touching or confining the body of the person to be arrested.
Can a person be arrested in place of another?
No, no one shall be arrested in place of another person.
Who may arrest without a warrant?
A Police Officer, a Judicial Officer, a Justice of the Peace (North), or a Private Person.
Under what conditions can a private person arrest without a warrant?
A private person may arrest:
* Any person committing an indictable offence in their presence
* Any person reasonably suspected of having committed a felony
What must a private person do after making an arrest?
They must proceed without unnecessary delay to hand over the arrested person to a police officer.
What is the effect of an irregularity in the process of arrest on the trial of the defendant?
The irregularity does not affect the jurisdiction of the court to try the accused.
What is the purpose of a search?
To discover exhibits which substantiate the commission of an alleged offence.
Who can issue a search warrant?
A search warrant can be issued by:
* A Magistrate
* A Judge
* A Justice of the Peace (North only)
* A Superior Police Officer in specific circumstances
When can a search warrant be executed?
A search warrant may be executed on any day, including Sundays and Public Holidays, except by order of the court.
What is required for the execution of a search warrant?
The officer must show the warrant to the person or occupier of the premises to be searched.
What should be done if a search of premises is denied?
The officer executing the search warrant is authorized to use reasonable force to break in.
What must be done if the premises to be searched is occupied by a woman in purdah?
The person making the search shall notify the woman that she is at liberty to withdraw.
Fill in the blank: A search of a person must be carried out by persons of the same _______.
[sex]
True or False: A police officer can conduct a medical examination for latent items as part of a search.
True.
What happens if the object is found during a search?
It is liable to seizure by the Police Officer executing the search warrant
Refer to S. 107 CPL; S. 74, 76 CPCL.
What must a person making a search do if the premises is occupied by a woman in purdah?
Notify the woman that she is at liberty to withdraw and afford her every facility for withdrawing
See Section 79 CPCL; 149(6) ACJA.
What is the lifespan of a search warrant?
A search warrant remains valid until it is executed or cancelled by the issuing authority
Refer to S. 106(2) ACJL, 146(2) ACJA.
Does improper conduct of a search affect the admissibility of evidence obtained?
No, illegally obtained evidence is admissible if relevant to the trial of the defendant
However, the court has discretion to admit or reject such evidence based on its desirability; section 14 Evidence Act, Musa Sadau v. State.
What is required for keeping exhibits recovered from a search?
All exhibits must be recorded in an exhibit register and kept in an exhibit room
The person in charge is known as the exhibit keeper.
Can a police officer take suspects or exhibits to their personal house?
No, a police officer cannot take suspects or exhibits to his personal house other than the police station
Refer to April 2019 Q 6(4).
What does the Right to Life (S. 33 CFRN) allow regarding the killing of a suspect?
It may be justified to effect a lawful arrest, pursue a suspect immediately after committing an offence, and prevent the escape of a person lawfully detained
Refer to Exception S. 33 (2)(b).
What does the Right to Dignity of Human Person (S. 34 CFRN) protect against?
It protects against torture or other maltreatment.
What is guaranteed under the Right to Personal Liberty (S. 35 CFRN)?
A person arrested shall be entitled to bail within a reasonable time.
What right does a person have regarding silence after arrest?
The right to remain silent or avoid answering any question until after consultation with a lawyer or person of his choice
See S. 35(2) CFRN 1999.
What must the police inform a person within 24 hours of arrest?
The facts and grounds for his arrest and detention in a language he understands.
What is the requirement for charging a person to court after arrest?
To charge within a reasonable time, defined as 24 hours if a court is within 40km, or 48 hours in other cases
See S. 35(4 & 5) CFRN.
What does the Right to Private and Family Life (S. 37 CFRN) entail?
A person’s private life should not be unnecessarily violated without due process or authority.
What is the police’s limitation regarding the seizure of property?
The police shall not unlawfully seize and retain properties of a suspect not connected to the alleged crime
They may temporarily take possession for examination, investigation, or enquiry.
In an exam scenario, how many rights should you identify if asked about rights breached by police?
At least 5 rights directly related to the scenario.
