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Search: Week 6 - Tutorial 5

Aman executed a search warrant on Bersih's premises 11 days after it was issued, seizing several jewelries. Bersih challenged the search as unlawful since the warrant did not specify its duration. While the search may have been unlawful, the items could still be used as evidence if Bersih is charged with retaining stolen property, as evidence rules are more lenient than search warrant requirements. In a separate case, police officer Patto failed to prepare a list of stolen items seized during a search of the accused Ken's house. While the prosecution may argue the items can still be tendered as evidence, failing to prepare the list risks the items being excluded, as the law requires a list to ensure

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46 views

Search: Week 6 - Tutorial 5

Aman executed a search warrant on Bersih's premises 11 days after it was issued, seizing several jewelries. Bersih challenged the search as unlawful since the warrant did not specify its duration. While the search may have been unlawful, the items could still be used as evidence if Bersih is charged with retaining stolen property, as evidence rules are more lenient than search warrant requirements. In a separate case, police officer Patto failed to prepare a list of stolen items seized during a search of the accused Ken's house. While the prosecution may argue the items can still be tendered as evidence, failing to prepare the list risks the items being excluded, as the law requires a list to ensure

Uploaded by

Shereen
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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FACULTY OF LAW (FOL)

Week 6 - TUTORIAL 5

TUTORIAL 5:

Search

1. Aman, a police inspector, has obtained from the Magistrate a search warrant which was
dated 4th July 2016 (Monday) to conduct a search on the premises of Bersih. The search
warrant did not specify the period it was to remain in force. Aman executed the search
warrant on 15h July 2016 (Friday) and seized several jewelries from the premises. Being
aggrieved, Bersih filed a criminal application by way of notice of motion at the High Court
and sought a declaration that Aman’s execution of the search warrant was unlawful, and an
order that the seized jewelries be returned to Bersih.
Argue for and against Bersih if the application made is justified? You are also required
to raise an argument if the items seized can be tendered as evidence in court if Bersih is
charged for an offence of retaining stolen property under the Penal Code.

2. In the course of conducting search under Chapter VI of the CPC, police officer Patto has
failed to prepare a list of stolen items seized by him from the house occupied by the
accused Ken. However Patto wishes to tender the stolen items as exhibits in the trial
against Ken who is facing a charge of theft under section 379 of the Penal Code.
Argue a case for and against the prosecution on the necessity of preparing such a list
and the consequences of the failure to do so.

FOL/FORM
05.07.2013

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