Searches Arrest and Constitutional Rights

Flashcards about Searches Arrest and Constitutional Rights lecture notes

What is Search?

The examination of a person’s body, property or other area in which a person expects privacy, conducted for the purpose of finding evidence of crime by a law enforcement officer

Under our Criminal Justice System, what statutes recognize police power of search of a person?

S. 4, 28 and 49(2) PA, 5(1) ACJL Lagos, 9 ACJA etc

According to S. 51 PA, how do you conduct a public search of a person?

Outer clothing only. If More evasive search(private by officer of same sex)

According to S. 37 Constitution what are the exceptions where search on premises without a warrant is lawful?

Arrestee suspected within the premises 12(1) ACJA, 7(1) ACJL L, 35(1) ACJL K, 55(1) PA; Magistrate directs a search in his presence within his jurisdiction 152 ACJA,162 ACJL K; NDLEA empowers law enforcement officer to enter without warrant to search any building reasonably believed to be connected with an offence under the Act. 32 NDLEA

How to procure a search warrant

Generally, Search warrant is procurable upon information on oath.

When should search warrants be executed?

ACJA 148 and ACJL Kano 158-Search is Executed ANY DAY and at ANY TIME of the day. ACJA Lagos 108(1)- ANY DAY 5:00am - 8:00pm Except there is endorsement allowing execution any time

How Search Is Conducted- ACJA 149(4), ACJL Kano 159(4)

Two witnesses from the neighborhood, List of items seized and places found is drawn up and Signed by the witnesses

Execution of Search Warrant Outside Jurisdiction of Issue

Apply to the court within the search jurisdiction and act under its direction. ACJA 151/ACJL kano 161

Life span of search warrant?

It remains in force until it is either executed or cancelled by the issuing authority. ACJA 146(2), 106(2) ACJL Lagos, 156(2) ACJL Kano

Who is liable for Wrongly Procuring a Search Warrant?

The person who laid the malicious complaint will be liable in damages and for false imprisonment if arrested and detained

According to S. 14 EA 2011, when can the court exclude illegally obtained evidence?

Court has discretion to exclude illegally obtained evidence if the undesirability of admitting outweighs its desirability

According to section 4 PA, when seizing items not specified in search warrant when can the police seize item?

police can seize items he reasonably suspects stolen or relevant to a crime

Summons

An order in writing commanding the addressee to appear in court on a named date and time to answer to allegations of crime against him

Who Issues Summons?

A Judge, Magistrate or any officer of the court (ACJA/ACJL K) Magistrates (ACJL Lagos)

When are summons Issued?

Upon a complaint (the complaint need not be on oath) that an offence has been committed, Magistrate considers the allegation and either issues or refuses to issue. He must state his reason for refusal

Service of Summons

Personal Service by a police officer, court/public officer or courier service company registered as process server; Substituted Service with leave of court- Affixing duplicate summon to court premises of defendant’s residence

Service of Summons outside jurisdiction

By sending a duplicate summon to a court within the jurisdiction where the offender is to be served

Life Span of Summons?

Once issued remains in place until either executed or cancelled. Death, incapacity, retirement or removal – no effect ACJA 139, ACJL Kano 149, ACJL Lagos 100

Warrant

An order of court issued to a police officer directing him to arrest the person named therein

When Is a Warrant Issued?

Upon complaint which must be in writing and on oath and may be issued any day including Sunday and public holiday

Authority to Issue a Warrant

Only the Judge or Magistrate

Execution of a warrant

May be executed Any Day, Any Where, Anytime except: Court room during actual court sitting and Legislative House during session except with permission of the speaker or the President

Where is the public summons published?

S. 41 ACJA (Newspaper, conspicuous part of court premises or village offender residence)

Arrest Without Warrant

The Police – Can arrest any person without a warrant where he reasonably suspects him of committing an offence in any of the circumstances listed under the relevant laws

What is Arrest?

There must be actual touching or confinement of the body of the arrestee unless the arrestee submits himself to the police by word or by conduct.

Section 35(4) 1999 Constitution (As amended)

A person arrested for committing a crime shall be brought to court within a reasonable time. Reasonable time means a period or 24 hrs or 48 hrs depending on the proximity of the court

Right not to be Restrained

Unless there is reasonable fear of violence, attempt to escape or safety concerns of the suspect, the suspect shall not be handcuffed or subjected to unnecessary restraint, except by order of court.

Right to Human Dignity

A suspect shall be accorded humane treatment having regard to his right to human dignity- No torture, cruel, inhuman or degrading treatment.

Rights of suspect while in police custody

Right To Be Notified of Reason For Arrest, unless caught in the commission of the offense or while escaping; Right to Be Informed of His Right to Silence until he has consulted with a lawyer of his choice