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Can the police search my home, car or person without a warrant?

Yes and no. As a rule of thumb, your right to privacy is fiercely protected by the Constitution, which is why a search warrant is normally required before your privacy can be invaded. However, the interests of justice must also be served, to protect society. Therefore, the police can conduct a search without a warrant if they feel confident a warrant would be granted, but there is insufficient time to complete the process, and not conducting the search would be contrary to the interests of justice (i.e. evidence could be destroyed or a suspect could flee).

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Disclaimer

The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.