Meaning of search; Statutory provisions regarding search and search warrant
A search involves police actions designed to find, ascertain or recover evidence of crimes and sometimes arrest of fleeing suspects of crime. Common targets of searches include homes, documents, effects and persons suspected of criminal involvement. By virtue of Section 37 and Section 45(1) of the 1999 Constitution a search cannot lawfully be done unless there is a law permitting that it be done and the law complies with Section 45(1) of the Constitution.
The 1999 Constitution in Section 37 absolutely guarantees the privacy of the citizen, his home, correspondence, telephone conversations and telegraphic communications and Section 45(1) allows a law to derogate from it only if it is reasonably justifiable in a democratic society in the interest of defence, public safety, public order, public morality or public health or for the purpose of protecting the rights and freedom of other persons. For police crime prevention and control action in entering a building or the space of a person to be brought under the protection of Section 45(1) of the 1999 Constitution, it must be considered a search in accordance with an enabling law. So any police crime prevention action in the form of a search that is not permitted by a law is unconstitutional. [1]
Reference should be made to the relevant Criminal procedural law/Act.
[1]Enyinnaya v State (2014) LPELR-22924(CA) 30-33 paras A.