Homes may be searched only by day and after asking leave of the occupants. Entry at night or without leave is not permitted.
Article 85 of the Code of Criminal Procedure provides that the search of a dwelling must take place by day and after asking leave of those who occupy it. Entry at night, or without asking leave, is not permitted.
Why it matters
The home is protected by the Constitution, and a search is an exception bound by conditions. A search carried out outside those conditions can be challenged as void, together with any evidence that came from it.
What to do
- Ask to see the warrant or the capacity of the person asking to enter.
- Note the time of the search and who attended, and write it down as soon as it ends.
- Do not resist physically. Leave the challenge to your lawyer before the prosecution or the court.
Articles here are general legal information for public awareness and are not legal advice on any specific matter. Every case has its own facts, and any decision needs a full review of your file.
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