CRIMINAL PROCEDURE AND EVIDENCE ACT [Subsection substituted by s. 19 of Act No. 2 of 2016] 53 Search by occupier of land Any person who is lawfully in charge or occupation of any land and who reasonably suspects that— (a) stolen stock or produce, as defined in any law relating to the theft of stock or produce, is upon or in any premises on that land; or (b) any article has been placed upon or in any premises on that land or is in the possession or under the control of any person upon such premises in contravention of any law relating to harmful liquids, dependence-producing drugs, arms and ammunition or explosives; may at any time, if a police officer is not readily available, enter the premises for the purpose of searching the premises and any person thereupon or therein and, if any such stock, produce or article is found, he shall take possession thereof and forthwith deliver it to a police officer. 54 Entering of premises for purposes of obtaining evidence (1) Where a police officer in the investigation of an offence or alleged offence reasonably suspects that a person who may furnish information with reference to any such offence is upon or in any premises, he may, without warrant, enter the premises for the purpose of interrogating such person and obtaining a statement from him: Provided that a police officer shall not enter any dwelling in terms of this section without the consent of the occupier thereof. (2) Where a police officer of such class as the Minister may designate considers on reasonable grounds that it is necessary for the purpose of investigating or detecting an offence to examine any books, documents or other records, he may, without warrant— (a) enter any premises for the purpose of examining such books, documents or other records; and (b) require from any person thereupon or therein the production then and there of such books, documents or other records which are or have been upon or in the premises or in the custody or under the control of any person by whom the premises are occupied or used; and may examine and make extracts from and copies of all such books, documents and other records: Provided that a police officer shall not enter any dwelling in terms of this subsection without the consent of the occupier thereof. (3) A police officer executing powers under subsection (1) or (2) shall, upon demand of any person whose rights are affected by the exercise of such powers, furnish that person with the particulars of his or her name, rank and number, and the reasons for exercising those powers. [Subsection inserted by s. 20 of Act No. 2 of 2016] (4) Any police officer who— (a) contravenes subsection (3); or (b) enters a dwelling without the consent of the occupier thereof in the purported exercise of powers under subsection (1) or (2); shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment, unless, in the case of a contravention of subsection (3), the affected person is lawfully charged with and arrested for an offence in connection with the exercise of powers under subsection (1) or (2). [Subsection inserted by s. 20 of Act No. 2 of 2016] 55 Resistance against entry or search (1) A police officer who may lawfully search any person or premises or who may enter any premises in terms of section fifty-four may use such force as may reasonably be necessary to overcome any resistance against such search or entry, including the breaking of any door or window of the premises: 35

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