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9. MAY THE POLICE SEARCH MY PERSON, VEHICLE OR HOUSE WITHOUT A WARRANT OR MY CONSENT ?

Every person‘s right to privacy is protected by the Constitution. This is not an absolute right, and can be limited in some circumstances.

As a general rule, a person (this includes his house or car) may only be searched when a warrant had been issued granting a police official the authority to do so. Such a warrant may be issued by a officer of the peace (such as a magistrate) when it has been shown under oath that good grounds exists to suspect that an illegal object will be found on a person or premises.

A police official may search a person or premises without a warrant if he is of the opinion that in any specific instance he would be able to obtain a warrant, but because of the circumstances there is not enough time to obtain one.

It is important to note that when a woman’s person is a searched, the search must be conducted by a female police officer, or if unavailable another woman requested by the police.

 

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