Search is conducted on a suspect so as to obtain evidence to be used in a trial. Where a person is suspected to have committed a crime, he can be searched. A search may be conducted on a person or it may be conducted on a premise. A search is conducted by the police or any law enforcement agent(National Drug Law Enforcement Agents amongst others) investigating the crime. This search is done so as to obtain relevant evidence that will be useful in the prosecution of the case.
Search Of Persons
A police officer or any law enforcement agent can conduct a search on a person who he suspects is having in his possession anything suspected to be stolen or unlawfully obtained.[1] A person arrested by the police in connection with an offence may have his body searched. If a person is arrested and detained in lawful custody, his body may be searched or subjected to medical examinations in order to get evidence in connection with the commission of the offence.[2]
Who Can Search A Woman
The Criminal Procedure Code, Criminal Procedure Law, Administration of Criminal Justice Act, and Administration of Criminal Justice Law of Lagos state all provide that a woman can only be searched by another woman. This search according to the laws must be done with strict regard to decency. The Administration of Criminal Justice Act and Administration of Criminal Justice Law of Lagos also went ahead to provide that a person can only be searched by someone of the same sex and it must be done with strict regard to decency. This means that whether it is a man or a woman that is to be searched, in both Abuja and Lagos such search must be conducted by someone of the same sex. Where a premise to be searched is occupied by a woman in “purdah”(the seclusion of women from the sight of strangers practiced by some Muslims) or a woman who according to custom does not appear in public, the woman shall be notified that she is free to withdraw from the premise that is to be searched before the search is conducted. However, if the woman in “purdah” is the one to be arrested the announcement may not be made.[3]
Exceptions
The Administration of Criminal Justice Act is the only legislation that provides for an exception; where a male police officer or law enforcement agent can search a woman. A man is permitted to search a woman if the urgency of the situation demands, that is where there is no female officer to carry out the search and it needs to be done urgently, the male officer can carry out the search. The Act also permits a man to search a woman if the interest of due administration of justice makes it impracticable for the search to be carried out by a person of the same sex.[4]
The law takes special cognizance to the search of a woman as it is important in the protection of the rights of a woman. The position of the law on the search of a woman is important, as it helps to prevent any case of harassment whether sexual or otherwise.
[1] Section 28 & 29 Police Act
[2] Section 6(6) Criminal Procedure Law, Section 127 Criminal Procedure Code
[3] Section 79 Criminal Procedure Code
[4] Section 9(3) Administration of Criminal Justice Act