Sipho is a police constable who is on patrol duty in Yeoville, a suburb of Johannesburg. He
Question:
Sipho is a police constable who is on patrol duty in Yeoville, a suburb of Johannesburg. He sees Drag Dealer standing against a lamppost apparently doing nothing. A Mercedes sports car pulls up and Drag Dealer leans into the window of the car, and performs a transaction with the driver. A clear plastic bag of white powder is handed by Drag Dealer to the driver of the car, which pulls off. Sipho, walks up to Drag and immediately starts to search him, finding several small clear packets with white powder in his pockets and quite a large sum of cash in Drag's pockets
Sipho may lawfully search Drag because Sipho has a reasonable suspicion Drag committed an offence
Only if Drag consents to the search, may Sipho search Drag, otherwise without Drag's consent Sipho may not search Drag because Sipho does not have a search warrant.
Sipho may search Drag if he arrests Drag first.
Sipho may lawfully search Drag because as a police officer he is entitled to search anyone whom he sees committing an offence
Sipho cannot search Drag, even if he arrests Drag because Sipho does not have a search warrant.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts