POLICE SEARCH(KNOW YOUR RIGHT)

[Olajire Deborah]

KNOW YOUR RIGHTS AGAINST THE POLICE: POLICE SEARCH
This is another issue that causes a whole lot of problems and it is one of the situations where the rights of many citizens are trampled upon, out of ignorance and fear.
The general rule is that when an offence has been committed or there is a suspicion that an offence is likely to be committed in a particular place, the Police are entitled to search such the place for the purpose of recovering the items of the offence. But there are rules and procedure governing search of a place by Police, which most policemen themselves have forgotten or fail to observe.

Mind you, these rules also bind other security agencies like SSS (DSS), EFCC, ICPC, etc., but again, we shall focus our discussions on the Police as they are more likely to cross your path than any other security agency.
I shall now proceed to deal with those rules here:

1) Police are entitled to search the house of a suspect where the offence was committed or suspected to have been committed.

2) Your house/apartment cannot be searched without a Search Warrant signed by a Magistrate, Judge or Justice of the Peace.

3) You are entitled to demand for and read the Search Warrant to be sure your name and address is listed on it.

4) The Search Warrant must contain the items to be searched for.

5) You are entitled to search the searchers first before they search your house and you are also entitled to have a witness present during the search.

6) You are entitled to apply to court for the release of any property seized by the police during a search of your dwelling place.

7) Police is entitled to search a house without search warrant if a suspect to be arrested runs into the house or is living there. But such police officer must have arrest warrant or authority to arrest.

I want to believe that all the above information will serve as guide to you in enforcing your rights. If you never knew before, now you know.

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