GEORGE NEWS - Public uncertainty about the admissibility of police raids without a warrant recently came into the spotlight again when footage of an alleged illegal police raid on a home in Pacaltsdorp surfaced.
The would-be whistle-blower believed the raid was illegal, as the police did not produce a warrant.
However, responding to a detailed media enquiry, the Southern Cape police spokesperson, Sergeant Christopher Spies, said the raid was above board as the Pacaltsdorp Police had been acting on information received from the public about illegal activities on the premises.
Media lawyer Helene Viljoen explains that in urgent situations, the Criminal Procedure Act 51 of 1977 permits the police to conduct search-and-seizure operations without warrants.
She said in terms of Section 22, a search may be conducted without a warrant if the police officer has reasonable grounds to believe that taking the time to obtain a warrant would defeat the object of the search - for example, if there is an immediate risk of evidence being destroyed or removed.
"Such warrantless searches must still comply with constitutional requirements and may be subject to subsequent judicial review."
A screenshot from a video showing the Pacaltsdorp Police searching a private residence. This, the police said, took place after they had received information about alleged illegal activities on the premises.
Similar provisions are made when it comes to arrests without a warrant. Under Section 40(1), Viljoen says, a police officer may arrest a person without a warrant under the following specifically defined circumstances:
a) when the person commits or tries to commit any offence in the police officer's presence
b) when the person is reasonably suspected of having committed a Schedule 1 offence (such as theft, common assault and fraud)
c) when the person is found in possession of property reasonably suspected to be stolen
d) where specific statutory provisions, such as those relating to domestic violence, authorise such an arrest.
In these cases, Viljoen says the police officer must have reasonable grounds for such arrest and must inform the arrested person of the reason for the arrest at the time of arrest or as soon as reasonably possible thereafter.
She explained these provisions serve to balance the rights of individuals with the need for effective law enforcement. It ensures the police have the authority to act swiftly when necessary while also maintaining judicial oversight in less urgent cases.
Previous articles:
Unholy mess after police raid on mosque
‘We bring you the latest Garden Route, Hessequa, Karoo news’
