AUTHORITY TO ISSUE A SEARCH WARRANT

BY BARR CHIGOZIE EZEKIEL

A search is an examination of a person’s body, vehicle, house, premises, etc 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. In essence, a search is intended to seek out anything that is hidden which is unlawful or though lawful, is evidence of crime which is fundamental to criminal investigation and prosecution. A search warrant is a legal document authorizing a police officer or other official to enter and search premises. A search warrant may be issued and executed on any day including a Sunday or Public holidays. Under section 111 of the CPA – a search warrant shall be executed between the hours of 5am – 8pm except the issuing court in its discretion authorizes the execution of the warrant at any other time. However, a Magistrate may authorize that a search warrant may be executed at any other time other than 5am – 8pm, either at the time the search warrant was issued or at any time before the search warrant is executed – section 111(2) of CPA. A magistrate may also authorize the execution of a search warrant at any time in order to meet the exigency of a particular case. Vessels used for smuggling at night or houses of ill repute or immorality may therefore be searched at odd hours, when they usually operate. Under section 109(1) of CPA, a search warrant shall be under the hand (signature) of the Magistrate issuing the same. In Goodman v. Ebans Limited (1954) 1 All E. R. 763, the use of a rubber-stamp signature would be sufficient compliance with the requirement of signing. Under section 109(2) of CPA, a search warrant once issued remains valid and in force until it is executed or cancelled by the issuing authority. It should be noted that a search may be conducted with or without a search warrant depending on the subject-matter. There are three (3) types of search viz.: 1)  Search of persons; 2)      Search of premises; and 3)      Search of things.