SEARCH WARRANTS: Rights of Police Officers
A search is an examination of a person’s body, vehicle, house, premises, aircraft or any other vessel, with a view to discovering contraband, illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for some other crime or offence with which he is charged. A search may be that of a person’s body or may be by way of a medical examination of the body of a person suspected of having committeda crime, for instance, a DNA sample taken and examined by a qualified medical examiner.
Adedunmade Onibokun Esq
@adedunmade
dunmadeo@yahoo.com
BAIL; FREE OR NOT
There are various conditions upon which a court may grant or refuse bail and some of them include:
– The likelihood that the accused person, if admitted to bail,will not interfere with police investigations.
– The gravity of the offence and the severity of the penalty.
– The likelihood of the accused person committing another offence while on bail.
-The criminal antecedents of the accused person.
– The number of times the suspect has committed the offence.
– The health condition of the accused.
When an accused person jumps bail, the person may be re-arrested by the police and refuse any further bail applications made by him unless he shows good cause to the contrary.
Section 27 of the Police Act also empower the Police to grant bail for a reasonable amount, this is contrary to popular knowledge that bail is free. It provides that
(a) except when the case appears to such officer to be of a serious nature, may release such person upon his entering into a recognisance, with or without sureties, for a reasonable amount to appear before a magistrate at the day, time and place mentioned in the recognisance; or
(b) if it appears to such officer that such inquiry cannot be completed forthwith, may release such person on his entering into a recognisance, with or without sureties for a reasonable amount, to appear at such police station and at such times as are named in the recognisance, unless he previously receives notice in writing from the superior police officer in charge of that police station that his attendance is not required, and any such bond may be enforced as if it were a recognisance conditional for the appearance of the said person before a magistrate.”
By: Adedunmade Onibokun Esq.
@adedunmade
dunmadeo@yahoo.com