Search by police officer in arrestable case
34.—(1)  A police officer investigating an arrestable offence may, without a search warrant, search or cause a search to be made for a document or other thing in any place where he or she has reason to believe the document or thing is located if —
(a)the police officer considers the document or thing to be necessary for his or her investigation and if the police officer has reason to believe that —
(i)a person who has been or may be issued with an order under section 20(1) will not or is unlikely to produce the document or thing or give access to it as directed in the order; or
(ii)the document or thing is in the possession or power of a person who is reasonably suspected of having committed the arrestable offence;
[Act 5 of 2024 wef 01/08/2024]
(b)the police officer has reason to believe that the document or thing, which he or she considers to be necessary for his or her investigation, is likely to be removed; or
(c)it is not known who possesses the document or thing which he or she considers to be necessary for his or her investigation.
[Act 5 of 2024 wef 01/08/2024]
Explanation 1.— If a police officer considers that a document connected to the work of a person (who is reasonably suspected of having committed an arrestable offence) is necessary for the police officer’s investigation and the police officer has reason to believe that the document is located in the person’s place of residence, the police officer may search that place if the police officer has reason to believe that the document is in the possession or power of the person.
[Act 5 of 2024 wef 01/08/2024]
Explanation 2.— If a police officer considers that an item is necessary for the police officer’s investigation and the police officer has reason to believe that the item is located in the premises of a person where another person (A) (who is reasonably suspected of having committed an arrestable offence) is at, the police officer may search those premises if the police officer has reason to believe that the item is in the possession or power of A.
[Act 5 of 2024 wef 01/08/2024]
Explanation 3.— If a police officer considers that a document is necessary for the police officer’s investigation and the police officer has reason to believe that the document is located in one or more places of residence and workplaces of a person (who is reasonably suspected of having committed an arrestable offence), the police officer may search all or any of those premises if the police officer has reason to believe that the document is in the possession or power of the person.
[Act 5 of 2024 wef 01/08/2024]
(2)  The police officer in subsection (1) must, if reasonably practicable, conduct the search in person.
(2A)  A reference to a police officer in this section includes a reference to a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act 2004 and the lawful directions of the police officer he or she assists.
[10/2015]
(3)  The provisions of this Code relating to searches pursuant to search warrants apply, with the necessary modifications, to a search made under this section.
(4)  Any person who obstructs the lawful exercise by a police officer of the power under subsection (1) shall be guilty of an offence and shall be liable on conviction —
(a)in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000; or
(b)in any other case — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
[Act 5 of 2024 wef 01/08/2024]
(5)  An offence under subsection (4) is an arrestable offence.
[Act 5 of 2024 wef 01/08/2024]
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Last updated 27 Sep 2024
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