Does SAPS need a search warrant?Image by Pexels
Mythbusters: Does SAPS need a search warrant?
The SAPS has a mandate to serve and protect. But does SAPS need a search warrant to enter your home, and is a criminal record permanent?
Does SAPS need a search warrant?Image by Pexels
The South African Police Service (SAPS) has a mandate to serve and protect. But does SAPS need a search warrant to enter your home, and is a criminal record permanent?
There are many myths and untruths about the South African Police Service.
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The South African looked at some of the most common police service myths, and what the truth really is.
Myth: Police are allowed to enter without a warrant.
A member of the SAPS may only conduct a search without a warrant in situations of immediate threat or clear criminal activity.
For example, if a suspect could get rid of what is being searched for in the time it would take to secure a legal search warrant.
Another example would be when an officer has heard gunshots being fired from within a home.
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SAPS needs permission, a search warrant, or valid reason to search a private residence.
Myth: SAPS must always wear uniforms.
Detectives and other officers may not always be wearing their uniforms on the job. A police officer wearing their “plain clothes” is still a cop during their work hours.
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If someone claims to be a police officer, ask for their rank and identification.
Myth: Officers don’t have to identify themselves.
When asked, police officers must provide their identification and rank.
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Officers who refuse may be reported to their superior or station commander.
Myth: SAPS are always allowed to strip search a suspect.
A search requires the suspect’s consent.
Even after an arrest or when being detained, suspects must consent to being searched – and it must be conducted by a same-sex SAPS member.
Myth: A criminal record is permanent.
If you have ever been charged for a crime, your criminal record can be expunged (removed) after a period of at least 10 years since the event.
Criminal records are not permanent for certain offenses.
A Clearance Certificate can be applied for through SAPS.
