Forced entry: Know your rights during police raids

WHEN police break down doors during raids, the damage can go beyond shattered locks.

- KIM SWARTZ

Recent allegations in the Western Cape have raised questions about what the law actually allows when officers force entry.In recent months, several incidents where forced entries left residents with extensive property damage and unanswered questions.

In one case, a Hanover Park resident claimed that Anti-Gang Unit (AGU) officers trashed her home during a raid, leaving her with broken doors and ransacked belongings.

Another incident saw a Kensington woman accuse AGU members of trashing their home and torturing her boyfriend and his friends during an operation, allegations that are now part of an ongoing investigation.

While police raids are often justified as necessary tools in the fight against gang violence and serious crime, the Constitution protects the privacy and property of residents. That raises an important question: what does the law allow when police force entry into a home?

DA MP Nicholas Gotsell, who previously practised as an attorney, said the general rule under the Criminal Procedure Act is that police must obtain a warrant before entering and searching a home, but there are exceptions.

Gotsell said: “Under the Criminal Procedure Act, police must usually obtain a warrant before entering and searching a home. However, there are exceptions. Police may enter without a warrant if the person in control of the property consents, or if there is urgency and the delay in obtaining a warrant would defeat the object of the search.”