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NLS - Criminal Litigation > Searches, Summons & Arrests > Flashcards

Searches, Summons & Arrests Flashcards

1
Q

What are the endorsements needed on a search warrant?

A
  1. Date of issuance
  2. Officer addressed to
  3. Particulars of the property
  4. Items to be recovered
  5. Signature of issuing authority
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2
Q

When is a summons issued?

A

For misdemeanour or minor offences

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3
Q

When is an arrest warrant issued?

A

For serious offences OR for disobeying summons

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4
Q

How can an arrest be executed?

A

By touching or confine the body of the suspect unless there is submission to custody by word or action

Section 1 ACJL & Section 4 ACJA

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5
Q

What does Section 4 ACJL/ 7 ACJL say?

A

Arrest cannot be in lieu

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6
Q

Is it proper to handcuff a suspect under arrest?

A

General Rule: No, a suspect should not be handcuffed or subjected to restraint

Exceptions: When there is reasonable fear of violence, possibility of escape, for safety reasons or by order of the court

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7
Q

When can a search warrant be issued?

A

At any time on any day

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8
Q

When can a summons be issued?

A

At any time on any day

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9
Q

When can a warrant of arrest be issued?

A

At any time on any day

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10
Q

Who can issue a search warrant?

A
  1. A judge,
  2. A justice of the peace
  3. A magistrate, or
  4. Cadet ASP and above in relation to:
    - stolen property or
    - searching a premises of person convicted of receiving stolen property in the last 12 month
    - harbouring thieves
    - fraud
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11
Q

Who can issue an arrest warrant or summons?

A
  1. A judge
  2. A justice of the peace
  3. Magistrate
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12
Q

Who cannot issue an arrest warrant?

A

A police officer

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13
Q

Who cannot issue a search warrant?

A

A police officer below the rank of Cadet ASP or any police officer if not in relation to

  • stolen property or
  • searching a premises of person convicted of receiving stolen property in the last 12 month
  • harbouring thieves
  • fraud
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14
Q

Who can conduct an arrest without a warrant?

A
  1. Police officer
  2. Judge/Magistrate/Justice of the Peace
  3. Private persons
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15
Q

What authority do police have to arrest without a warrant?

A

Section 24 Police Act allows a police officer to

  1. arrest a person coming an offence in his presence
  2. someone who he reasonably suspects of committing an offence
  3. a person he suspects of being in possession of stolen property
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16
Q

When can a Judge/Magistrate/JP arrest without a warrant?

A

When an offence is committed in their presence within their jurisdiction

17
Q

When can a private person conduct an arrest?

A

When someone commits an offence in his presence or he reasonably suspects that the person has committed an offence for which police can arrest for

They must deliver up the suspect to the police station at the earliest opportunity as they have no power of detention Section 23 ACJA

18
Q

When can a search warrant be executed?

A

ABUJA: Any day, any time

EVERYWHERE ELSE: Any day, between 5am and 8pm

19
Q

How long is a search warrant valid for?

A

It is in force until it is executed or cancelled by the court

It must be executed in the presence of two witnesses

20
Q

What is the rule of searching a premises when a woman is in purdah?

A

She will be allowed to withdraw except where it is being searched by a woman

21
Q

When can a summons be executed?

A

Any time, any day

22
Q

When can a warrant of arrest be executed?

A

Any time, any day

23
Q

Where can a warrant of arrest be executed?

A

General Rule: Anywhere

Exception:

  1. In sitting courtroom
  2. In Chamber of Precinct of the National Assembly wen in session except with the consent of the Speaker of the House

Tony Momoh v Senate of the National Assembly

24
Q

What happens if a warrant is not issued or executed properly?

A

Th trial is not invalidated but the defendant can bring a civil claim

Okotie v COP

25
Q

What is the nature of service of a summons?

A

Personal except with leave of court for substituted service

26
Q

When is a search warrant not required?

A

For certain law enforcement authorities
In the presence of a Judge etc
Where suspect with arrest warrant issued against him runs into premises to hide

27
Q

What can a police officer do if he denied entry to a premises?

A

He can exercise his right to ingress/egress using reasonable force

Section 112 CPL

28
Q

How do you execute a search warrant outside the state of issue?

A

Needs to be endorsed by the judge/magistrate/jp in the jurisdiction it is to be executed and affirmed that it was issued by a competent authority for an offence known to law in the issuing state

The suspect is then take to court for the judge to make an order for the suspect to be taken back to the state of issue to be tried.

Judge may determine bail conditions if any

29
Q

When is a search warrant not required?

A

For search of person and things

30
Q

When can police search a person?

A

When they reasonably suspect the person to be in possession of a stolen or unlawfully obtained item

Section 29 Police Act

31
Q

Who can search a suspect?

A

General Rule: someone of the same sex

Exception: situations of extreme urgency, impracticability or in the interest of justice

32
Q

How is a search warrant obtained?

A

By information on oath

33
Q

Does a search warrant have to be signed by the issuing authority?

A

Goodman v Evans

No it does not, a number stamp signature will suffice

34
Q

Are witnesses required to conduct the search of a premises?

A

Yes, except if the court directs otherwise, search shall be made in the presence of two witnesses and the suspect may also provide a witness in the neighbourhood

35
Q

When can public summons be issued?

A

Under ACJA and ACJL where there is evidence that a person against whom a warrant of arrest has been issued has absconded or is in hiding

36
Q

Provide examples of how public summons can be issued

A

In a newspaper

By pasting it in court, conspicuous area of residential premises of the absconded or the town/village

37
Q

Can a police arrest a suspect for a civil wrong?

A

The police are not statutorily empowered to arrest for such offences.

Mclaren v Jennings
Section 8(2) ACJA

NLS - Criminal Litigation (9 decks)

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