(b) to enter and search any premises identified in the warrant, or any premises within an area identified in
the warrant, and to search any person found upon or in those premises.
[Paragraph amended by section 44 of Act No. 1 of 2002.]
(3) A warrant—
(a) may be issued on any day and shall be of force until it is executed or it is cancelled by the person who
issued it or, if that person is not available, by a person with like authority; and
(b) shall be executed by day, unless the person issuing the warrant in writing authorizes the execution
thereof by night.
(4) A police officer executing a warrant in terms of this section shall, after such exec ution, upon demand of
any person whose rights in respect of any search or article seized under the warrant have been affected, hand to
him a copy of the warrant.
51 Search and seizure without warrant
(1) A police officer may, without warrant, search any person or container or premises for the purposes of
seizing any article referred to in section forty-nine and additionally, or alternatively, seize any such article—
(a) if the person concerned consents to the search for and additionally, or alternatively, the seizure of the
article in question or if a person who may consent to the search of the container or premises consents to
such search and additionally, or alternatively, the seizure of the article in question; or
(b) if he on reasonable grounds believes that—
(i) a warrant would be issued to him in terms of paragraph (a) of subsection (1) of section fifty if he
applied for one; and
(ii) the delay in obtaining a warrant would prevent the seizure or defeat the object of the search, as
the case may be.
(2) Where a police officer has reason to suspect that an offence has been committed by any person on board a
boat on inland waters, it shall be lawful for him to stop, go on board and search such boat without warrant and to
seize any thing which he has reasonable grounds for believing will afford evidence as to the commission of an
offence under any law.
(3) Any person who, when called upon in terms of subsection (2) to stop a boat under his co ntrol, fails to
comply immediately with such request 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.
[Subsection amended by section 4 of Act 22 of 2001.]
52 Seizure of article on arrest or detention of person carrying same
(1) On the arrest and search of any person, the person making the arrest may—
(a) if he is a peace officer, seize any article referred to in section forty-nine which is in the possession or
under the control of the person arrested and, where such peace officer is not a police officer, shall
forthwith deliver any such article to a police officer; or
(b) if he is not a peace officer, seize any article referred to in section forty-nine which is in the possession or
under the control of the person arrested and shall forthwith deliver any such article to a police officer.
(2) Any police officer may stop and interrogate any person who is found at any time between sunset and su nrise carrying or transporting any goods or articles of any description and if—
(a) such person does not account satisfactorily for the possession of the goods or articles so being carried or
transported; or
(b) there are reasonable grounds for suspecting that such goods or articles have been criminally procured;
such officer may convey such goods or articles and the person so carrying or transporting the same to any prison
or police station, and detain such person in custody until the next sitting of the magistrates court which shall
inquire into the circumstances and make such order or give such direction as to it seems fit and proper.
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 pe rson 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:
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