Cap. 9 · Criminal Code (Cap. 9)
Cap. 9 Art. 355EConditions for search of premises, etc.
Sub-title III
(1) Saving the cases where the law provides otherwise, no police officer shall, without a warrant from a Magistrate, enter any premises, house, building or enclosure for the purpose of effecting any search therein or arresting any person who has committed or is reasonably suspected of having committed or of being about to commit any offence unless -
(a) the offence is a crime and there is imminent danger that the said person may escape or that the corpus delicti or the means of proving the offence will be suppressed; or
(b) the person is detected in the very act of committing a crime; or
(c) the intervention of the Police is necessary in order to prevent the commission of a crime; or
(d) the entry is necessary for the execution of any warrant or order issued by any other competent authority in the cases prescribed by law; or
(e) the arrest is for the purpose of apprehending a person who is unlawfully at large after escaping from lawful arrest or detention; or
(f) the entry is necessary for purposes of:
(i) executing the arrest, or ascertaining the whereabouts, of a person in respect of whom an alert has been entered in the Schengen Information System and there is an imminent danger that the said person may escape; or
(ii) discovering any property in respect of which an alert has been entered in the Schengen Information System and there is an imminent danger that the property may be concealed, lost, damaged, altered or destroyed; or
(g) the entry is necessary for the protection of any person, including minors or vulnerable persons who need to be prevented from travelling owing to a concrete and apparent risk of them being removed from or leaving the territory of a Member State or who need to be placed under protection in accordance with Regulation (EU) 2018/1862 establishing the Schengen Information System.
(2) The expression "enclosure" does not include any plot of land enclosed by rubble walls.
(3) A warrant may also be issued by a Magistrate as mentioned in sub-article (1) for the purpose of:
(a) effecting the arrest or ascertaining the whereabouts of a person in respect of whom an alert has been entered in the Schengen Information System; or
(b) discovering and seizing any property in respect of which an alert has been entered in the Schengen Information System.
Amendment history
- Amended by XXXVII.2025.8