Criminal Procedure and Evidence Act
(2)
Zimbabwe
A warrant issued in terms of subsection (1) shall require a police officer to seize the article in
question and shall to that end authorize such police officer, where necessary—
(a)
to search any person identified in the warrant or any premises within an area identified in
the warrant; or
[paragraph amended by section 44 of Act 1 of 2002]
(b)
(3)
(4)
to enter and search any premises identified in the warrant, and to search any person found
upon or in those premises.
A warrant—
(a)
may be issued on any day and shall be of force until it is executed or it is cancelled by the
person who issued it or, if that person is not available, by a person with like authority; and
(b)
shall be executed by day, unless the person issuing the warrant in writing authorizes the
execution thereof by night.
A police officer executing a warrant in terms of this section shall, before or after such execution,
upon demand of any person whose rights in respect of any search or article seized under the
warrant have been affected, hand to him a copy of the warrant.
[subsection amended by section 17 of Act 2 of 2016]
51.
Search and seizure without warrant
(1)
A police officer may, without warrant, search any person or container or premises for the purposes
of seizing any article referred to in section forty-nine and additionally, or alternatively, seize any
such article—
(a)
if the person concerned consents to the search for and additionally, or alternatively, the
seizure of the article in question or if a person who may consent to the search of the
container or premises consents to such search and additionally, or alternatively, the seizure
of the article in question; or
(b)
if he on reasonable grounds believes that—
(i)
a warrant would be issued to him in terms of paragraph (a) of subsection (1) of section
fifty if he applied for one; and
(ii)
the delay in obtaining a warrant would prevent the seizure or defeat the object of the
search, as the case may be.
(2)
Where a police officer has reason to suspect that an offence has been committed by any person on
board a boat on inland waters, it shall be lawful for him to stop, go on board and search such boat
without warrant and to seize any thing which he has reasonable grounds for believing will afford
evidence as to the commission of an offence under any law.
(3)
Any person who, when called upon in terms of subsection (2) to stop a boat under his control,
fails to comply immediately with such request shall be guilty of an offence and liable to a fine not
exceeding level four or to imprisonment for a period not exceeding three months or to both such
fine and such imprisonment.
[subsection amended by section 4 of Act 22 of 2001]
(4)
A police officer executing a search without a warrant in the circumstances specified in subsection
(1)(b) shall, upon demand of any person whose rights in respect of any search or article seized
under the warrant have been affected, furnish that person with the particulars of his or her name,
rank and number, and the reasons for carrying out the search and seizure without warrant.
[subsection inserted by section 18 of Act 2 of 2016]
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