The Police Power to Issue Search Warrants and Authorize Searches in Tanzania.

The Police Power to Issue Search Warrants and Authorize Searches in Tanzania.

In Tanzania, the law outlines how and when the police can conduct a search of a building, vehicle, or any place. Section 38 of the Criminal Procedure Act [CAP. 20 R.E. 2022] gives police officers specific powers to issue search warrants or authorize searches, but it also sets clear protection to prevent abuse.

Here’s what this section provides:

When Can Police Issue a Search Authority?

A police officer in charge of a police station may issue a written authority to search if they are satisfied that there are reasonable grounds to suspect that in a building, vessel, vehicle, box, or place:

• There is something related to the commission of an offence;

• There is something that could provide evidence of an offence; or

• There is something intended to be used to commit an offence.

In addition, the officer must believe that any delay in obtaining a formal warrant would risk the removal or destruction of that evidence or endanger life or property. In such urgent situations, the officer can authorize an immediate search.

Duty to Report After Search Authorization.

After issuing an authority and conducting a search:

• The police officer must report to a magistrate as soon as practicable.

• The report must explain the grounds for the search, the issuance of authority, and the results of the search.

This ensures transparency and accountability.

Issuance of Receipt Upon Seizure.

If any items are seized during the search:

• The officer must issue a receipt to the owner, occupier, or the person in control of the premises.

• The receipt must include signatures of the person receiving it and any witnesses present during the search.

This protects the rights of citizens and keeps the search process documented.

Consequences for Abuse of Search Powers.

The law also protects citizens against unjustified searches. If any officer:

• Orders, authorizes, or conducts a search vexatiously and without reasonable grounds, they commit an offence punishable by:

- A fine not exceeding three thousand shillings; or

- Imprisonment for up to one year.

However, no prosecution for such an offence can be started without the written consent of the Director of Public Prosecutions (DPP), providing an additional legal check.

Conclusion

The power to search without delay helps the police preserve evidence and protect lives. However, the law also demands strict accountability to prevent abuses of power. Citizens should be aware that if a search happens, it must be based on reasonable grounds, properly reported, and any seizures must be acknowledged with a receipt. This balance between law enforcement needs and citizen rights is crucial for upholding justice in Tanzania.