Criminal Law
Search and Seizure
Police may search your person, home, or vehicle only with a warrant or in specific warrant-exempt circumstances. Unlawful searches violate Section 14 (privacy) and may result in evidence exclusion.
Legal Definition
Sections 21–22 of the Criminal Procedure Act 51 of 1977 govern search and seizure. A warrant is required unless: searching incident to arrest, reasonable grounds to believe a warrant cannot be obtained in time, or in urgent circumstances. Section 35(5) allows courts to exclude unlawfully obtained evidence.
📖 Constitutional / Statutory Basis: Section 14 (privacy) and Section 35(5) (exclusion of unconstitutional evidence), Constitution of the Republic of South Africa, 1996; Criminal Procedure Act 51 of 1977
Practical Example
Police stop your car and search it without reasonable suspicion or a warrant. If they find something, your lawyer can apply to exclude the evidence under s35(5) as unlawfully obtained.
Frequently Asked Questions
Can police enter my home without a warrant?
Generally no. However, they may enter without a warrant if: in hot pursuit, to prevent serious harm, or if they have reasonable grounds and obtaining a warrant would defeat the purpose.
Can I refuse a search?
You can verbally object to an unlawful search, but physically resisting police may constitute obstruction. Record the objection and challenge the search in court later.
What is the exclusionary rule in SA?
Under s35(5), evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission would render the trial unfair or be detrimental to the administration of justice.
Related Terms
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