January 28, 2020

When Police Can Search Without a Warrant

By Newsroom

There are four instances, under the law, when police officers can enter premises without a search warrant.

Attorney General  Faris al Rawi gave the explanation in the Senate on Tuesday afternoon, in response to a question from the Opposition. He said:

An officer can enter premises without a warrant:

a. to prevent a murder

b. to arrest an offender who was followed into the premises

c. to prevent the commission of a crime

d. to follow an offender running away from an officer

Section 3 of the Criminal Law Act covers arrest without a warrant.

In particular, Sec 3,6 says

“A police officer may enter if need be, by force, and search any place where that person is or where the police officer without reasonable cause suspects him to be.

“What took place at Gulf View in May 2019? Can AG share the protocol  in place  for this instance?” Opposition Senator Wade Mark asked.

“The Commissioner of Police has addressed this matter in the public domain that the police action taken in Gulf View was in hot pursuit that is where the police are engaging in tracking down an active offence,” the AG told the Senate.

“In that instance, it is now a matter on the public record that the police were in pursuit of persons who were alleged to have kidnapped a person.

“The data demonstrates, under the Interception of Communication Act, that the location of the cell phone used for the active communication in demanding the kidnapping ransom originated in that area,” he further explained.

“It was in those circumstances and with the effort of in fact securing the liberty of someone was kidnapped that the police took that action.

“By the action of the police the kidnapped person was recovered successfully,” the AG said.

   

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