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11.CAN THE POLICE BREAK DOWN THE DOOR TO ENTER MY HOME?

A police official, who may lawfully search any person or any premises, may use force as may be reasonably necessary to overcome any resistance, provided that he must first audibly demand entry to the premises and declare the purpose for which he seeks to enter such premises. The force that may be used includes the breaking of any door or window of such premises.1

The police official does not have to first demand entry and give the reason therefore if he reasonably believes that an article which is the subject of the search may be destroyed or disposed of if he complies with those requirements.

A search of any person or premises must be conducted with strict regard to decency and order.2 A police must perform his duty in a manner that is reasonable in the circumstances.3 Where the police official is authorised by law to use force, he or she may use only the minimum force which is reasonable in the circumstances.

1 Sec 27 CPA

2 Sec 29 CPA

3 Sec 13(8)(3)(a) of South African Police Services Act 68 of 1995 

 

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