Arrest, Searches, and Constitutional Rights Flashcards

Flashcards on Arrest, Searches, and Constitutional Rights

Arrest

The deprivation of a person’s liberty by some lawful authority for compelling his appearance to answer a criminal charge.

Classification of Arrest

Arrest with warrant, Arrest without warrant, Summons

Who can arrest without a warrant?

Police officers, Judicial officers, Private persons

Cases in which a police officer may arrest without warrant

When an offence is committed in his presence, A person escapes from lawful custody, If the officer has reasonable grounds to suspect that the person has committed an offence under Nigerian law

Test for determining reasonable suspicion for an arrest

An objective test. Would someone of ordinary thinking act in the same way in a similar circumstance?

Cases in which private persons may arrest

Commits an offence in his presence, Reasonably suspects of having committed an offence for which police is entitled to arrest without a warrant.

How to deal with persons arrested by private persons

Without unnecessary delay hand the arrested person over to a police officer, or, if no officer is readily available, take the person to the nearest police station

Arrest with Warrant

An arrest made in authority of a warrant duly issued by a judge or magistrate. An arrest warrant is issued upon complaint in writing and on oath.

Cases Where Warrant of Arrest is Issued

Where the law creating the offence states that the offence is not arrestable without warrant, When summons to appear is disobeyed, Where a serious offence is alleged against a suspect

Content of Warrant of Arrest

Date of Issue, Particulars of person to be arrested, The person to whom it is directed and who shall execute it, Particulars of the substance of the offence, Signature of issuing authority

Authority to issue a Warrant

Only a judge or a magistrate

When Warrant of Arrest Can be Issued and Executed

Any day including Sunday and Public Holiday

Lifespan of a warrant

The life of an arrest warrant continues until it is executed or cancelled by the issuing authority

Execution of Warrant Outside Jurisdiction of the Court

The warrant will be taken to the appropriate magistrates in the state where the accused resides or is found for his endorsement.

Procedure of Arrest

Actually touch or confine the body of the person to be arrested unless there is a submission to custody by word or action.

Information of cause of arrest

The officer making the arrest shall inform the arrested person of the reason for the arrest unless he is caught while committing the offence for which he is arrested

Procedure after arrest

The suspect must be taken to a police station immediately after arrest and must be informed in a language he understands his alleged offence of which he is arrested.

Arrest in lieu of suspect

Expressly prohibited by law

Search

An examination of a person’s body, property or other area that the person would reasonably be expected to consider as private, conducted by a law enforcement officer for the purpose of finding evidence of crime

Power of the Police to Search

Police & other law enforcement agencies are empowered to detain and search persons having in his possession anything stolen or illegally obtained.

Types of Search

Search of a person, Search of premises, Search of thing

Inventory of Recovered Items

Recovered items are to be kept in safe custody and an Inventory of recovered items from the suspects shall be made.

Search of a Woman

A woman to be searched by a woman.

Search of premises

A search warrant is required for search of premises

Witnesses during search of premises

A search of premises is to be conducted in the presence of two witnesses.

Authority to issue a Search Warrant

A magistrate, A court having jurisdiction within the local limit of the police making the search, Justice of peace

Invalidity of a Search Warrant

The death, resignation, retirement of the issuing authority does not affect its validity.

LIFE SPAN OF A SEARCH WARRANT

A search warrant remains in force when issued until it is executed or cancelled by the issuing authority.

Time of issuance and execution of search warrant

It may be issued and executed any day, any time, including Saturday, Sunday, and public holidays.

PROCEDURE OF PROCURING A SEARCH WARRANT

Information on oath & in writing

PROCEDURE FOR EXECUTION OF SEARCH WARRANT

Occupant/owner of the premises shall be allowed to be present during the search

SEIZING GOODS OR THINGS NOT SPECIFIED IN THE WARRANT

Only goods specified in the warrant are to be seized. However, if other incriminating materials are found, they may be seized.

Reasonable suspicion

An officer must base their actions on reasonable suspicion, not personal judgment or arbitrary decisions.

ADMISSIBILITY OF EVIDENCE ILLEGALLY OBTAINED

Evidence is not automatically inadmissible simply because it was obtained wrongfully or even illegally.

Summons

An order in writing commanding the person named therein to appear before the court on a named date and time to answer to allegations of crime

WHO MAY ISSUE SUMMONS

A Judge or Magistrate

DISCRETION TO ISSUE WARRANT OR SUMMONS

It is within the discretion of the Court to elect whether to issue summons or warrant.

LIFE SPAN OF SUMMONS

Once issued it remains in force until it is executed, or cancelled by the issuing authority

VALIDITY OF THE SUMMONS

Death, resignation, retirement or removal from office of the person who issued the summons does not affect its validity

CONTENTS OF SUMMONS

A brief statement of the offence, The name of the offender, A direction to the offender to appear in court at a particular date and time

SERVICE OF SUMMONS

It may be done by a Police officer, or may be done by an officer of the court

SUBSTITUTED SERVICE

Service of Criminal Summons is personal and Substituted service may be ordered where personal service is impracticable.

CONSTITUTIONAL SAFEGUARDS RELATING TO ARREST & SEARCH

Right to dignity of human person, Right to Personal Liberty, Right to silence, Information of offence