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Tutorial 4 Search Seizure
Tutorial 4 Search Seizure
SEMESTER 1, 2023/2024
TUTORIAL 4
SEARCH & SEIZURE
1. How many mode of search available under the Criminal Procedure Code?
6. What is the effect of the following? Cite relevant cases to support your answer.
(a) Unlawful search
Discuss whether Dev Pateel has any grounds for his claims.
8. Sergeant Hisham headed the team in a raid at unit P118, a luxury condominium in
Bangsar South after receiving information that several foreign women were held captive
there. A warrant was obtained from Magistrate Aneeta.
When the police arrived at the condominium, the security officer informed the unit
resident with regard to the presence of the police. Five minutes later, two men aged
between 30 – 45 years and a well-dressed woman were detained at the lobby when
they attempted to pass the police checkpoint at the lobby. When questioned about the
unit number of their residence, they each gave different unit numbers. The building
manager later verified that all three of them were residents of unit P118.
Upon searching the said unit, 15 foreign women aged between 16 – 22 years were
found hidden behind detachable walls and cupboards.
15 diamond bracelets, 40 gold chains, various types of jewelry and several pen drives
which contained recordings of the women being tortured and raped were also found. In
addition, 20 handcuffs, 5 guns with 10 boxes of ammunition and 2 laptops were also
found.
The foreign women were detained and brought to the police station. All the items found
were seized. Both the men and women detained at the lobby were handcuffed and
brought to the police station.
Advise Sergeant Hisham on the procedures in relation to search, seizure and arrest
that
must be adhered to in the handling of this case.
9. A detective corporal, armed with a search warrant, entered a house stated therein and
looked for a Kelvinator refrigerator, a Sony video-taped recorder, a 20-inch Sony
television set and an assortment of crockery suspected to be stolen. He could not find
them. Instead, he found some expensive designer clothes and shoes, handbags and
other ladies’ accessories reported stolen from a boutique the previous day.
(b) Would it make any difference if what the detective corporal had found was a
blood-stained chopper in a bedroom cupboard and spots of dried blood near the
bedroom door and the back door? Why?