Quite recently a friend contacted me by telephone. She sounded frantic and distressed. She advised me that about 13 police officers had come to her home at 4am. They banged on her door repeatedly and aroused her from a deep sleep. She was startled. They said they were police officers and had in their possession a search warrant to search for drugs, guns and ammunition. When she opened the door they entered her home. They refused to show the search warrant to her when she requested to see it. She stated that they handcuffed her boyfriend and took him into the yard and conducted the search in her presence. She stated further that they ransacked her home tossed her clothing, pulled out her furniture and left her house in an untidy state. That they did not find what they were looking for and therefore left empty handed. After they left she felt shaken and gravely distressed. She wondered whether the police refusal to show her the warrant, to come to her home at 4am to carry out the search, to detain her boyfriend with handcuffs and to ransack her home leaving it in an untidy manner were lawful acts.
Firstly, a search warrant is an order of court which allows police officers to enter a person’s home, office, or vehicle to search for and seize items of evidential value.
In order to obtain a search warrant the Police officer must swear to a document on oath to the information provided to justify the issuance of a warrant to search a person’s home.
In the case of Redknapp v. Commissioner of Police of the Metropolis [2008] EWHC 1177 Latham LJ sought to provide advice and guidance in relation to the issuance of search warrants:
“The obtaining of a search warrant is never to be treated as a formality. It authorizes the invasion of a person’s home. All the material necessary to justify the grant of a warrant should be contained in the information provided on the form. If the magistrate or Judge… does require any further information in order to satisfy himself that the warrant is justified, a note should be made of the additional information so that there is a proper record of the full basis upon which the warrant has been granted.”
Secondly you have a right to see and read the search warrant. If the search warrant is given to you for your perusal you should look for the name, address, list of items being sought and signature of the Magistrate or judge who signed it. Where there are discrepancies with regard to the name or address stated on the warrant, this should be drawn to the attention of the police. In Redknapp’s case Latham LJ stated thus:
“What any householder wants to be satisfied about if his house is to be searched is not only that there is a warrant in existence, but that it refers to his or her address. There should be no difficulty in ensuring that no other addresses are identified. Either separate warrants should be obtained, or the other addresses can be redacted.”
Generally searches should not be conducted on your premises unless the police are in possession of a warrant or you give them permission to search. However, there are two instances where a police officer can enter your home without a search warrant or without your permission. Firstly if they are in pursuit of a fleeing suspect who runs into your house, then the police have a right to follow the suspect where ever he goes. Secondly if the police have reason to believe that an offence is being committed or is about to be committed on your premises then they can enter the premises to deal with the situation.
If the police knock and announce that they are police officers and that they have a warrant to carry out a search of your premises and they verily believe that you are in the premises and are refusing to open the door the police can use force to enter the premises by breaking down doors.
While the search is being conducted you must be present and observing the search from commencement to conclusion.
In the course of the search the police are not allowed to toss your personal property around or to break them. They are expected to use reasonable care while searching. If however the police damage and destroy your personal property during the search you should take photographs of your premises in its untidy and destructive state before cleaning up.
The warrant usually indicates what items the police are searching for on your premises. However this does not mean that the police cannot retrieve and detain other items which they have reason to believe forms part of their investigations or are relating to other matters or in their view looks suspicious or are just plainly illegal. For example if the police are looking for illegal drugs as per their search warrant and find an unlicensed firearm then they can seize the firearm also and you can be charged with unlawful possession of a firearm. You may also have a quantity of jewelry and if the police have reason to believe that the said jewelry might be stolen they can seize them also.
While the search is in progress you are not allowed to obstruct the search at all. Force can be used against you for so doing. You can also be charged for obstruction if you do so. Obstruction may take various forms: throwing items out of the window, flushing items down the toilet and/or physically preventing the police officers from searching the premises by blocking their free movement while they are conducting the search.
Notwithstanding the abovementioned the police are not allowed to use more force than is reasonably necessary to subdue you in the event that you obstruct the search.
Searches are expected to be conducted in daylight hours unless the warrant gives the police officers the right to carry out the search at night.
While the search is being carried out you can be detained and your person can be searched also. This should consist mainly of a pat down and not an intrusive search.
Items seized during a search and are not ultimately the subject of a charge will be returned to you in a timely manner. If they have not been returned to you a letter can be written to the Commissioner of Police to have those items retrieve.
I would punish the police not the woman and her boyfriend. what is wrong with the justice/law system in Dominica? That’s why CHANGE IS A MUST NOT AN OPTION!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I would punish the police not the woman and her boyfriend. what is wrong with the justice/law system in Dominica? That’s why CHANGE IS A MUST NOT AN OPTION!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I have seen some terribly shoddy police work
in Canada and the USA. Obviously Dominic is not exempt.
Is there a deficiency in your the laws or is this a case of police not following protoco
l
When will police officers come to the understanding that their success depends to a great extent upon good public relations and them having the support of the public that pays their salaries
As a minister of the gospel I teach that we – the public – are to obey the law and honor those in authority over us including officers of the law according to Romans 13:1-6. But if indeed this is a true report (I have no reason to think it is not) it is an abuse of authority damaging the image of the police force, and hurting the very people the police are sworn to protect. The woman should have her lawyer advise her about the possibility of suing.
Sincerely, Rev. Donald Hill. International Evangelist.
In Dominica the Commissioner of Police can sign warrants when the police are searching for firearms. however it is mostly the magistrates and justices of the peace who can sign warrants to search people’s houses. The person whose home is being searched will be detained in the presence of the police while they are searching. Though several police officers are present only few are allowed to search and this must be done in the presence of the home owner. The police have advised that they now have a copy of the warrant prepared for the homeowner so that if the homeowner destroys the warrant then it would be of no moment. The original of this document would not get into their hands. Further the homeowner has a right to file legal proceedings against the police within 6 months of the incident. Homeowners are asked to remain calm and to cooperate with the police and the search lest you be arrested for obstruction for being irate or expressing displeasure with the search or the manner in which it is done. remember as a homeowner there is recourse to the law to be compensated for the damages and breach of constitutional rights suffered as a result of an unlawful search.
What if the police present a warrant that does not have your name or address on it yet insist on the search . how can you prove it if you don’t have a copy of the search warrant?
Warrant or not these Drugs needs to be taken out the streets, Drugs does the same as the ISIS, it kills the innocent people while the criminals lives in luxury, and it brings pain and sorrow to families, and it kills the notion of had and earnest work for ones life. Oh lord
“While the search is being carried out you can be detained…”
“While the search is being conducted you must be present and observing the search from commencement to conclusion.”
Talk about contradictory law! How are you to be “present and observe” anything it you’re confined?
Dominica Justice system needs to include video footage as evidence in court.That would eliminate all doubt in witness and police testimony.
Their searches are for marijuana anyway. Occasionally they run into some coke, but coke is king in Dominica. And I doe mind they go to the coke dealers homes at 4 AM. High time they stop targeting and persecuting marijuana the way they have done for over 40 years which has never helped to fix the hard drug problem.
You tell them there is coke or crack anywhere and they will eventually check, if they do at all. But just tell them marijuana and the get into harassment mode right away. Never worked, never will, now as a result D/a is swimming in coke. But just wait….when meth shows its ugly head among us while they busy after the marijuana at 4 AM.
It appears that the police should undergo additional training also pertaining to searching homes of residents. They seem to get away with a lot in Dominica. Too often they may have the wrong ,name and address and therefore went to the wrong house. They better get their records and search warrants straight.
Dominicans have commented and complained about the police for a long time, as I have read on DNO. This is one area/department, more than time which needs to be changed and where change must come and is a must.
First of all, the police are obligated to show the warrant. At this point, the police should not enter the house. They should stand at the door. The warrant should have the name and address of the resident(s). They must read the warrant to them. If they are at the correct house, only then should they be allowed into their house. If not, the police have no right to enter. A telephone call should be made to the police station inquiring about this warrant.
Never obstruct the police. It is wrong to do so. Try to remain calm. Know that you have rights. If you are not satisfied, you have recourse to lodging a complaint and suing them.
Police you have rights. However, residents also have rights. If you made a mistake, admit it on the spot. Apologize and go on your way. Wait for the residents’ complaints.
Anyone can come to a house dressed as police officers and saying they have a warrant and are there to search the house. They may be fake ones.
This policy should be put in place. If the resident(s) are in doubt of the reason for the police presence, they should telephone the police station. Yes! It is important to keep that number close by or program it in your phone system, if you need to call the police station at anytime. Hope they will not be fake police officers who forced their way into the house.
Telephone the police station and ask to speak to the supervisor, the one in charge. Identify yourself and place of residence and inform him/her that there are police officers who are at the house to search it. Inquire if a search warrant was issued to search this house..
Lady, you should lodge a formal complaint and even sue them. I said, sue them for waking you up, searching your home, causing you distress and to be nervous, creating a mess which you have to clean up and embarrassing you!
Sorry folks who are not pleased. No apology! I reside in Toronto and residents do not take this lightly. If you are wrong, you are wrong but if you are right, you deserve an apology and recompense. The police have to be extremely careful of appearing at residents’ home, searching them and ransacking their home.
They did not show you a warrant. This is a number one error on their part. In this case they ransacked your home, making a mess of it, did not find what they assumed they were looking for which is another error. You deserve an explanation, an apology and to request if your house was the intended one. If not, I reiterate, lodge a formal complaint and sue them. Mistakes as these are inexcusable
Police officers must have respect for residents. After all, your public position is to serve and protect residents.
THE FACTS:
We do not always agree. But this time I appreciate your comments. They are bang right on! You have done an excellent job of informing people of their rights.
Even in Canada (where I also live) too many people suffer because they do not know their legal rights. Unfortunately there are police officers who will take advantage of their ignorance. I have encounter a few
of these unethical men in blue. They are rogues.
What troubles me the most is how the cops stick together even when one is in the wrong. I once went to the police station with a grievance against a police officer. The shabby response I received should in itself be labeled a crime.
I hope the lady discusses the possibility of suing with her lawyer. I am glad you suggested this. It is obvious what happened caused her a great deal of emotional discomfort and distress. If a person has hypertension or a heart condition it is enough to bring on a stroke or heart attack. She deserves to be compensated.
Sincerely, Rev. Donald Hill. International Evangelist.
You are advising the house owner to call the police station and talk to the person in charge but do u know that most times a section of the police Force like the C.I.D would have warrants to search person’s home and the desk sergeant on duty at the time would not know what the C.I.D personnel are doing, all they would normally say to the Duty NCO “Sarg, we are going out on duty” Then some one calling him to inquire whether any police officers left to search her home, he would’nt know.
Miss. Yearwood ! How would advise the police who shows the warrant to the home owner, he\she then destroys the warrant, some family members tosses items through the window into bushes or tosses items in the toilet, how should the police treat the home owner? I know some people would comment and say that would be slackness on the part of the police.
If the person destroys they just putting themselves into problem because a judge has to sign the warrant so there is record of it
So what if the police say they have a warrant but refuse to show it thus you refuse to open the door. Does that give them the right to break down your door?
It`s about time, But let me warned you, not every thing is set in stone. We know that on several occasions when the person{S} being searched they ask that the warrant be read to them. Yea right! while an attempt is being made to read the warrant evidential value are being tossed thru the back door or things are being flushed down the toilet bowl, and yes, the person requesting all those things crab hold of the warrant and eat it. A real alternative for real good police officers is ” The ways and means act”. I rest!!! can any one explain what the hell is the, “Ways and means act”?
If an officer/officers come to my home and say they officers, i need to see your id. Dats the reason why they give u all ids. U need to sesrch my house, u have to show me the search warrent, i have to read it first, then i let u enter and do wat u have to. Dominica police like to do those things too much. They believe dat because they is police, they can do watever they feel like. No its not so. U are here to protect us not harm us.
“concerned”, What century are you in? Cops are not here to protect citizens, but to hurt, destroy and obey their lord and master, Mr. PM.
You didn’t say if they should show the warrant
Every time a a search warrant is issued at any one ,the warrant should be seen by the house holder ,they should take note of every name which is written ,who delivered it,the address it was delivered to ,the names of the householder ;husband or wife if any and the reason for the search…further judicial action should be taken against the police if the police refuses to allow the house holder to read the warrant…
Trust no man ,the police is a man like every other man…they can be criminals such as murderers,serial killers,rapist,paedos,thieves etc…only trust your God..
While I appreciate all the information you have given, if you have such credible information from the lady mentioned, why haven’t you, as a layer do something about it. I believe it is about time some kind of decisive actions are taken against the police . We have heard of that behavior being exhibited by the law men to numerous occasion. Case in point, the Gages in Bath Estate. You are in the best position to teach these men and women who believe they can do whatever they want, a strong lesson.
Good informations thank :-Ds
Good summary of the applicable law.
Great Information Dawn. Well written too. But traditionally, from time immemorial, the police has always done early morning (4am) surprise searches. Sometimes with a warrant, and sometimes without. What would happen if such an early morning search, with such high numbers of police officers, would cause one (especially an elderly) to panic, and consequently die under such circumstances?
The police men are armed with a warrant but refuse to show it to you, should you still allow them entry unto your property? And what are the consequences if you refuse?
The police are REQUIRED by law to show you the warrant and have you read it.
If they don’t produce it you have every right to refuse.
Not allowing you to read the search warrant sounds to me like malpractice on the part of the police.
I am not familiar with the laws of Dominica. The following would be applicable where I live (in Canada) under our laws. There may be some differences. However I expect our laws regarding a search warrant would be the same or very similar. Your lawyer is the best person to tell you if the following or what part of it applies to your case.
Not enough that the police carry with them a search warrant. Refusing to let you read it would negated the presence of the warrant. The police might as well not have a warrant. In this case they would be entering your home illegally and could be charged with trespassing.
Furthermore you have a right to read it slowly enough to be sure that it was written correctly before you allow them into your home.
The wrong address or name would mean the warrant was not valid. At this point you could politely tell them at the door they have to leave and come back when they have a valid search warrant.
I totally commend everything the police do in their war against drugs and illegal guns in the line of duty. They must get drugs and illegal guns off the streets and out of our communities. But the police must stay within the legal boundaries that have been set for them. The same laws that make it possible to prosecute the guilty also protect the innocent.
If you do not receive an apology from the police in a reasonable time you might consider asking your lawyer if you have legal grounds for further action. The last thing you want is for the beautiful nature island to become a police state.
Sincerely, Rev. Donald Hill. International Evangelist.
Former licenced private investigator (PI) under the Province of Ontario in Canada. Most recent licence 2010 * 04 * 21. Licence number 142306.
VERY INFORMATIVE!
VERY VERYYYYY INFORMATIVE. Thanks Dawn! Their actions were clearly illegal. Anyone with common sense will understand why.
Thank you so much … this is good information for the public to have.
sad to say but I experience a similar experience my house was left in an untidy state. I had to stay homefrom work to clean it up. my boyfriend was placed into handcuffs for simply asking to read the warrant. they had a search dog which climbed over my bed and my clothing. they even searched the upstsirs resident because she was his mother and three vehicles that were packed in the yard. at the end of it all I went through that horrible ordeal for nothing. SMH