Witness requirement for searches: authorised officer may video-record execution if independent witnesses are unavailable, preserving validity. Before executing a search, the authorised officer must call two or more independent and respectable inhabitants to witness the search and may issue a written order requiring their attendance. If, after reasonable steps, no witness is available or willing, the officer may record that fact and execute the warrant while video-graphed; the search is not invalid solely for lack of a witness. Persons witnessing the search are not compelled to be witnesses in quasi-judicial proceedings unless lawfully summoned.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Witness requirement for searches: authorised officer may video-record execution if independent witnesses are unavailable, preserving validity.
Before executing a search, the authorised officer must call two or more independent and respectable inhabitants to witness the search and may issue a written order requiring their attendance. If, after reasonable steps, no witness is available or willing, the officer may record that fact and execute the warrant while video-graphed; the search is not invalid solely for lack of a witness. Persons witnessing the search are not compelled to be witnesses in quasi-judicial proceedings unless lawfully summoned.
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