Searches in Emergencies and Access to Closed Places by Police Officers.

Searches in Emergencies and Access to Closed Places by Police Officers.

The law in Tanzania recognizes that certain situations require police officers to act swiftly without waiting for a formal search warrant. Sections 42 and 43 of the Criminal Procedure Act [CAP. 20 R.E. 2022] provide important powers for police officers to conduct searches during emergencies and to access closed premises when necessary.

Searches Without Warrant in Emergencies (Section 42).

A police officer may search a person or enter land, premises, vessels, or vehicles without a court order or warrant if:

• The officer reasonably suspects that the person is carrying anything related to an offence;

• There are reasonable grounds to believe that items connected with an offence are located on the land, premises, vessel, or vehicle;

• Immediate action is necessary to prevent the loss or destruction of evidence;

• The situation is of such seriousness and urgency that it justifies immediate action without formal authority.

In addition:

• A police officer can stop and search a person believed to be carrying an offensive weapon or anything related to an offence.

• Similarly, a police officer may stop a vessel or vehicle if they reasonably believe it is carrying such prohibited items and seize them if found.

These powers are strictly tied to the seriousness and urgency of the situation, preventing unnecessary or abusive searches.

Duty of Persons in Charge of Closed Places (Section 43).

When a building or place that is subject to a search warrant is closed, the law places duties on the persons in charge:

• They must allow police officers free entry (ingress) after the officer presents the search warrant.

• They must provide reasonable facilities to conduct the search and allow free exit (egress) afterward.

If the person refuses or access cannot be obtained:

• The police officer may proceed as authorized under Section 19 (use of reasonable force after demand and refusal) or Section 20 (procedures regarding dwelling houses).

Furthermore:

• If any person in or around the premises is reasonably suspected of concealing an item being searched for, that person may be searched.

• If the person is a woman, the search must comply with the special procedures for searching women under Section 26 (which requires the search to be conducted by another woman or in a manner preserving modesty).

Conclusion

Law empowers police officers to act quickly during emergencies to protect evidence and public safety but also puts clear safeguards in place. Citizens should be aware that while urgent searches are allowed without warrants under strict conditions, access to closed places must respect due procedures, and personal searches must uphold human dignity, especially concerning women.