http://guardian.co.tt/news/2017-11-10/c ... d-lawfullyA video on social media of police officers breaking the window of a woman’s Princes Town home to search for arms and ammunition has prompted both praise and condemnation for the officers.
In the video, the police were heard asking the woman to open her house but she refused saying she wanted to see the warrant. The police in the video identified themselves and asked the woman to give them access. She again refused and complained that the police did not immediately identify themselves.
In an interview with the T&T Guardian on Thursday, the home owner admitted to seeing the warrant, saying, “It was pushed in my face and it did not have an address.
“This is why I did not open the house for them. They smashed the window panes and used a bucket to climb through the window and into the house. I kept telling them that the person they were looking for did not live there. They break the wardrobe and cut the burglar proof.”
However, Southern Division Snr Supt Zamsheed Mohammed said once a warrant is signed by a competent authority police can enter premises and execute searches.
“A search warrant or an arrest warrant gives the police lawful authority to enter the premises by force if necessary, but that force should be reasonable, taking into consideration all the circumstances present at the time. The warrant gives the police that authority,” Mohammed reiterated, adding the warrant was supposed to have an address.
Saying he saw the Whatsapp video, Mohammed said once a home-owner denies entry upon seeing a warrant, police can enter the house using force. He noted, however, that any citizen who thinks the police acted unprofessionally or unjustly could take legal recourse or contact the Police Complaints Authority.
Mohammed said he had not received any official complaint from the home owner, but having seen the video he will appoint an investigator to conduct investigations into the incident.
“We are also asking the public to be cooperative so that police could carry out their duties and functions to ensure that all of T&T is safe,” Mohammed added.
Also contacted yesterday, TTPS communication manager Ellen Lewis confirmed Mohammed’s account of the process involving search warrants. She also reminded the public it is an offence to obstruct officers in the lawful execution of their duties.
He commended his team for the recent crime sweep, saying 10 firearms were recovered last week, nine the week before and six seized over the past seven days.
“This brings a total of 159 firearms for this year, the highest number recorded in all police divisions in the country. This speaks volumes about the amount of firearms on the streets and we will urge all officers to diligently continue their efforts within the parameters of the law,” Mohammed said.
Meanwhile, PCA head David West also said home-owners should cooperate with the police once a search warrant is presented. He said if entry is denied, the police have the authority to enter the property.
Rolling stock i ain't disagreeing with you but to me seem they over step their boundaries. AgaIN each can interpret the laws differently
from the law the police officer is supposed to read the warrant to the person the woman clearly stated she would open the door if the warrant was read .
she kept asking to see the address of the premises.
these things are there to protect the public . what if bandits come and call out police ah have a warrant and you open up your door .
what if the police was in the wrong house
After the chinese business man was robbed by the police last year load came out about the rights of citizens
http://guardian.co.tt/news/2015-12-14/p ... ch-seizureGenerally, a search warrant is necessary for entry and search of anyone’s private premises. A search warrant may be issued to enter a building or any place to search for evidence in relation to any summary offence, as outlined in section 41 of the Summary Courts Act Chap. 4:20. The only legal way to search one’s premises, other than in effecting an arrest, is with a search warrant or the express permission of the owner.
Where the question of effecting an arrest arises, an officer may enter premises without a warrant
a) to prevent a murder
b) to arrest an offender who was followed into the premises
c) to prevent the commission of a crime, and
d) to follow an offender running away from an officer
Issuing of a search warrant
A magistrate or judge issues a search warrant once a police officer satisfies the magistrate or judge that he has reasonable cause to suspect that grounds exist to justify the issue of the warrant. These grounds must be sworn on oath. There is no need to first lay a charge, but evidence obtained from the search may then be used to justify the charge.
Execution of a search warrant
A search warrant may be addressed to any police officer. If a specific officer is named, he alone can enforce the warrant. Search warrants may be executed at any time on any day of the week.
A police officer can even break down the outer door of the premises to execute the warrant, if a demand for entry has been refused.
Usually, a search warrant is executed in the presence of the occupier or, if he is absent, in the presence of any adult on the premises.
The police will read the warrant to the person and after the search, the officer should endorse on the back of the warrant what was found and seized, the name of the person present and the time and date.
