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Search warrant
Cap. 113, s. 4 · Revised Edition 2020
(1) If information is given on oath to any magistrate or justice of the peace that there is reasonable cause for suspecting that anything stolen or unlawfully obtained is concealed or lodged in any house, store, yard or other place, or on any land whether enclosed or not, or in any vessel, it shall be lawful for such magistrate or justice of the peace, by warrant under his hand directed to any police officer, to cause any such house, store, yard or other place, or any such land, or any such vessel, to be entered and searched at any time of the day, or by night, if power for that purpose be given by such
(2) The magistrate or justice of the peace may, by such warrant, if it shall appear necessary to him, give authority to the police officer, with such assistance as may be found necessary, to use force for the effecting of such entry, whether by breaking open doors or otherwise, but before using force for the purposes aforesaid, such police officer shall make known his authority as aforesaid.
(3) If upon search made as hereinbefore provided, anything so stolen or unlawfully obtained as aforesaid, or any other thing which there shall be reasonable cause to suspect to have been stolen or unlawfully obtained, is found, the police officer shall take it before a magistrate, or guard it on the spot or in some place of security subject to the orders of a magistrate.
(4) The police officer shall apprehend and bring before a magistrate the person or persons in whose house, store, yard,
place or vessel anything as aforesaid shall be found, and also any other person found in such house, store, yard, place or vessel, if the police officer has reasonable cause to suspect any such person as is hereinbefore mentioned to have been privy to such concealment or lodging as aforesaid.
(5) If the police officer fails or is, for any reason whatever,
unable to arrest any such person as is hereinbefore mentioned,
it shall be lawful for a magistrate or justice of the peace to issue his warrant for the arrest of any such person, or a Unlawful Possession of Property [CAP. 113 7 summons requiring him to appear before a magistrate at a time and place to be mentioned in the said summons.
(6) A magistrate may call upon any such person as is mentioned in subsection (5) of this section to give an account to the satisfaction of the magistrate by what lawful means any such thing came to be in such place as aforesaid, or that he was not privy to such concealment or lodging, and any person who fails to satisfy the magistrate shall on summary conviction be liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for a term not exceeding six months.
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