Chapter 10: Search and Seizure

Flashcards covering the key aspects of search and seizure law.

The main aim of search and seizure procedures is to assist the State in uncovering __, locating __, and ensuring __ through lawful investigative methods.

evidence, suspects, justice

Searches and seizures should be authorised by a __ by default.

warrant

Section 20 CPA outlines that police may seize any article which (a) Was used in the commission or suspected commission of a __.

crime

Legally __ communications (e.g., attorney–client) are protected from search and seizure.

privileged

Section 82(4) of the ECTA extends the definition of 'article' to include electronic and messages.

systems, data

A valid warrant must be specific, clear and intelligible, lawful and __, and accompanied by an __.

proportionate, affidavit

State Security Warrants are issued under Section __ CPA when internal security, law and order, or national safety is under threat.

25(1)

Section 22 CPA permits search and seizure without a warrant if the person __ or if there are reasonable grounds to believe a warrant would be issued and delay would defeat the purpose.

consents

Under Section 23 CPA, searches of arrested persons must be conducted with __.

decency

Under Section 24 CPA, a person lawfully in control of premises may search premises and persons therein if reasonable suspicion exists of __ items and police are not readily available.

dangerous

Under Section 27 CPA, Police may use __ force to enter a premises, search despite resistance, and break doors/windows if necessary.

reasonable

Under Section 27(2) CPA, No-Knock Entry is allowed where police believe an __ may be destroyed or removed quickly.

article

Under Section 48 CPA, a peace officer or private person may forcibly enter a premises if they reasonably suspect the __ is inside, after demanding entry and explaining purpose.

suspect

Under Section 28 CPA, conducting a search without proper authority or outside a warrant’s scope is a __.

crime/offence

According to the Exclusionary Rule (s 35(5) Constitution), evidence obtained illegally may be excluded if it renders the trial or undermines the administration of .

unfair, justice

Internal security warrants are valid until or by the issuing authority.

executed, revoked

SAPS Act Section 13(6) allows police to search people, vehicles, goods within km of the border without a .

10, warrant

Under Section 23(1)(a) CPA, a peace officer searching an arrested person must do so with and .

decency, respect

Under Section 23(1)(b) CPA, a private person making a citizen's arrest __ search the body, but can seize visible weapons or dangerous objects.

cannot

Under Section 27, police can skip the warning requirements if there's a risk of destruction (e.g., flushing drugs) or a to officer safety.

evidence, threat

Searching unlisted rooms or people, seizing articles not described in warrant, and searching for offences not mentioned in the warrant are examples of __.

illegality

Under CPA Section 29, searches must be conducted with strict regard for decency, order, and __-specific rules.

gender

Under Section 21 of the CPA, a search warrant is required, except under sections __, __, and __.

22, 24, 25

Under Section 14 of the Constitution everyone has a right to __.

privacy

The Motloutsi case concluded that the evidence obtained was declared__ as it was a result of a deliberate violation of the accused's constitutional rights.

inadmissible

The Malherbe v S case underscores the strict necessity for __ information in issuing search warrants, impacting future search and seizure procedures.

sworn