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INVESTIGATORS' GUIDE: Execution of Search Warrant

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Mustapha Gadanya CFE
Mustapha Gadanya CFE

1. Investigators in Nigeria must obtain a search warrant from a magistrate or judge before conducting a search of a person, location, or vehicle for evidence of a crime. 2. A search warrant must be signed by a magistrate or judge and executed by a team of at least two investigators. 3. Investigators must document the search process thoroughly, including the items recovered, and obtain signatures from the suspect and witnesses on the warrant.

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From the Book: Public Fraudsters By Mustapha Sani Gadanya SEARCH WARRANT NIGERIAN INVESTIGATORS’ GUIDE: EXECUTION OF A SEARCH WARRANT 1. Where it appears to be reasonably believed that a person or group of persons are in custody of an incriminating evidence i.e. i. Evidence of a crime; ii. Contraband and proceeds of the crime; iii. Property designed to be use or used in committing a crime; iv. A person to be arrested or a person who is unlawfully restrained. The Investigating Officer shall apply for a search warrant from a Magistrate, Judge or Supreme Court Official that authorizes him to conduct a search on person(s), location(s), or vehicle(s) e.t.c. to recover and confiscate the evidence if found. 2. A search shall only be executed with a duly signed warrant issued by the Magistrate or Judge by a team of investigators of not less than two (2) except: i. At point of arresting a suspect. ii. A person who is deemed to be in possession of an incriminating item and it is believed that he/she will destroy the item before the availability of the warrant. iii. If anyone who is authorized to arrest any person has reason to believe that such person has entered into or is within any place he or she may enter such place and search for the person to be arrested 3. Where the search is to be executed without warrant, a detailed search note most be made available, and subsequently a search warrant be obtained with details on the search note transferred to the search warrant and to be endorsed by the respective witnesses that endorse the initial search note and date accordingly. While the Investigating Officer shall attached the search note to the search warrant. 4. In the course of applying for the search warrant, the Investigating Officer on the instruction of the Magistrate or Judge can produce the case file for sighting or vetting by the Magistrate or Judge and make a copy of
From the Book: Public Fraudsters By Mustapha Sani Gadanya any document for the court were mandated to do so before the search warrant would be made available. 5. Where a search warrant was obtained from another state other than the state in which it’s to be executed, the Investigating Officer shall endorse the search warrant from a Magistrate or Judge of the state in which it’s to be executed who is of the same status with the initial Magistrate or Judge that issued the warrant. 6. Where a search warrant was obtained, the Investigating Officer shall take care of all the necessary logistics and ensure that the search warrant is executed between 6:00am to 6:00pm except where the search commenced earlier than 6:00pm it can be extended to pass the stipulated time were deemed necessary. 7. The Investigating Officer on arrival at the place addressed to be search shall introduce himself to the owner(s), person(s) to be searched detailing why he was there and while taking cognizance percussion avail the owner/person to search with the search warrant to confirm the authority accorded to him by the court to execute the search warrant. 8. In adherence to fairness, the Investigating Officer shall make himself and the rest of the team available to the person whose property is to be search, to search them first by himself or any other person he/she may authorized to do so in order to guide against corrupting the search environment by the investigating team. 9. Documenting the procedure in which the search was conducted: i. The Investigating Officer in charge of the execution of the search warrant shall properly document the procedure and details of the process indicating the date & time the warrant was executed, details of the owner of the property, address & description of the property searched. ii. Indicate whether anything was destroyed or damaged in the course of executing the search warrant and the value of the item ‘if known’. iii. Serially list the details of all the items recovered. Where the search warrant would not be able to contain the detailed list of items recovered the Investigating Officer can add an extra sheet(s) which
From the Book: Public Fraudsters By Mustapha Sani Gadanya shall be endorsed by suspect, witnesses and the Investigating Officer(s). A copy can be made available to the person whose property was searched if he/she desired, for his record purpose. iv. A column shall be provided for the Suspect and his witness(es) to endorse (sign or sealed) on the search warrant and shall also be counter signed by the team. The witness(es) address(es) and telephone numbers shall be properly documented on the search warrant. 10. The execution of the search warrant shall, unless the Magistrate or Judge owing to the nature of the case otherwise directs, be made whenever possible in the presence of two respectable inhabitants of the neighbourhood to be summoned by the person to whom the search warrant was addressed. 11. Where any person in or about a place which is being searched is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched. 12. Whenever it is necessary to cause a man or woman to be searched, the search shall be made by their respective gender, with strict regards to decency. 13. If any place to be searched is an apartment in the actual occupancy of a woman, not being the person to be arrested, who, according to custom, does not appear in public, the person making the search shall, before entering the apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then enter the apartment. 14. A search warrant can be executed at the property of a suspect who is not ready to assist in the execution of the search so long as there are other witnesses ready to assist in the course of executing the search. 15. On no account shall a search warrant is being sort, issued or being executed or executed be communicated to any person except: i. The person in whose name the search warrant was issued at the point of executing the search.
From the Book: Public Fraudsters By Mustapha Sani Gadanya ii. A person who needs to know about the search before and after it was executed. 16. Only items relevant to the investigation and listed in the search warrant shall be recovered in the course of the execution of the search warrant. The Investigating Officer most has the intention of making use of the item to assist in the investigation or prosecution of the case before it is recovered. 17. Where the items recovered were later discovered to be not relevant to the case after assessment, such items shall be released back to the person(s) it was recovered from on bond within a period of not less than three (3) months (reasonable period) from the date it was recovered. 18. Items recovered and relevant to the investigation or the prosecution shall be duly registered with the exhibit keeper and can be released to the victim on bond, the court and the Investigating Officer for further investigation where necessary. 19. The approving authority for the release of all items recovered (monetary or document) shall be the Head of the Investigation Department or Unit. In the absence of any of the Head of the Investigation any officer acting on his capacity shall sign. 20. Items recovered that need to be authenticated, certified, followed up shall be forwarded to the relevant authority within a reasonable time. The Investigating Officer shall ensure the process and response are ascertain with a period of time. 21. The Investigating Officer shall liaise with the prosecution council to see that items recovered that forms part of the proceeds of the crime are attached at the court for forfeiture of the item to the Federal Government, restitution to the victim, returned to the owner or destroyed after the conclusion of the case. 22. After the execution of the search warrant, an Investigating Officer shall in the in the interest of post-search procedural safeguard make a copy of the executed search warrant together with the list of items recovered in the course of the search to the Magistrate or Judge within a reasonable time before the case is charged to court.
From the Book: Public Fraudsters By Mustapha Sani Gadanya 23. The Investigating Officer or any member of the team has the power of ingress or egress when executing a search warrant.

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INVESTIGATORS' GUIDE: Execution of Search Warrant

  • 1. From the Book: Public Fraudsters By Mustapha Sani Gadanya SEARCH WARRANT NIGERIAN INVESTIGATORS’ GUIDE: EXECUTION OF A SEARCH WARRANT 1. Where it appears to be reasonably believed that a person or group of persons are in custody of an incriminating evidence i.e. i. Evidence of a crime; ii. Contraband and proceeds of the crime; iii. Property designed to be use or used in committing a crime; iv. A person to be arrested or a person who is unlawfully restrained. The Investigating Officer shall apply for a search warrant from a Magistrate, Judge or Supreme Court Official that authorizes him to conduct a search on person(s), location(s), or vehicle(s) e.t.c. to recover and confiscate the evidence if found. 2. A search shall only be executed with a duly signed warrant issued by the Magistrate or Judge by a team of investigators of not less than two (2) except: i. At point of arresting a suspect. ii. A person who is deemed to be in possession of an incriminating item and it is believed that he/she will destroy the item before the availability of the warrant. iii. If anyone who is authorized to arrest any person has reason to believe that such person has entered into or is within any place he or she may enter such place and search for the person to be arrested 3. Where the search is to be executed without warrant, a detailed search note most be made available, and subsequently a search warrant be obtained with details on the search note transferred to the search warrant and to be endorsed by the respective witnesses that endorse the initial search note and date accordingly. While the Investigating Officer shall attached the search note to the search warrant. 4. In the course of applying for the search warrant, the Investigating Officer on the instruction of the Magistrate or Judge can produce the case file for sighting or vetting by the Magistrate or Judge and make a copy of
  • 2. From the Book: Public Fraudsters By Mustapha Sani Gadanya any document for the court were mandated to do so before the search warrant would be made available. 5. Where a search warrant was obtained from another state other than the state in which it’s to be executed, the Investigating Officer shall endorse the search warrant from a Magistrate or Judge of the state in which it’s to be executed who is of the same status with the initial Magistrate or Judge that issued the warrant. 6. Where a search warrant was obtained, the Investigating Officer shall take care of all the necessary logistics and ensure that the search warrant is executed between 6:00am to 6:00pm except where the search commenced earlier than 6:00pm it can be extended to pass the stipulated time were deemed necessary. 7. The Investigating Officer on arrival at the place addressed to be search shall introduce himself to the owner(s), person(s) to be searched detailing why he was there and while taking cognizance percussion avail the owner/person to search with the search warrant to confirm the authority accorded to him by the court to execute the search warrant. 8. In adherence to fairness, the Investigating Officer shall make himself and the rest of the team available to the person whose property is to be search, to search them first by himself or any other person he/she may authorized to do so in order to guide against corrupting the search environment by the investigating team. 9. Documenting the procedure in which the search was conducted: i. The Investigating Officer in charge of the execution of the search warrant shall properly document the procedure and details of the process indicating the date & time the warrant was executed, details of the owner of the property, address & description of the property searched. ii. Indicate whether anything was destroyed or damaged in the course of executing the search warrant and the value of the item ‘if known’. iii. Serially list the details of all the items recovered. Where the search warrant would not be able to contain the detailed list of items recovered the Investigating Officer can add an extra sheet(s) which
  • 3. From the Book: Public Fraudsters By Mustapha Sani Gadanya shall be endorsed by suspect, witnesses and the Investigating Officer(s). A copy can be made available to the person whose property was searched if he/she desired, for his record purpose. iv. A column shall be provided for the Suspect and his witness(es) to endorse (sign or sealed) on the search warrant and shall also be counter signed by the team. The witness(es) address(es) and telephone numbers shall be properly documented on the search warrant. 10. The execution of the search warrant shall, unless the Magistrate or Judge owing to the nature of the case otherwise directs, be made whenever possible in the presence of two respectable inhabitants of the neighbourhood to be summoned by the person to whom the search warrant was addressed. 11. Where any person in or about a place which is being searched is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched. 12. Whenever it is necessary to cause a man or woman to be searched, the search shall be made by their respective gender, with strict regards to decency. 13. If any place to be searched is an apartment in the actual occupancy of a woman, not being the person to be arrested, who, according to custom, does not appear in public, the person making the search shall, before entering the apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then enter the apartment. 14. A search warrant can be executed at the property of a suspect who is not ready to assist in the execution of the search so long as there are other witnesses ready to assist in the course of executing the search. 15. On no account shall a search warrant is being sort, issued or being executed or executed be communicated to any person except: i. The person in whose name the search warrant was issued at the point of executing the search.
  • 4. From the Book: Public Fraudsters By Mustapha Sani Gadanya ii. A person who needs to know about the search before and after it was executed. 16. Only items relevant to the investigation and listed in the search warrant shall be recovered in the course of the execution of the search warrant. The Investigating Officer most has the intention of making use of the item to assist in the investigation or prosecution of the case before it is recovered. 17. Where the items recovered were later discovered to be not relevant to the case after assessment, such items shall be released back to the person(s) it was recovered from on bond within a period of not less than three (3) months (reasonable period) from the date it was recovered. 18. Items recovered and relevant to the investigation or the prosecution shall be duly registered with the exhibit keeper and can be released to the victim on bond, the court and the Investigating Officer for further investigation where necessary. 19. The approving authority for the release of all items recovered (monetary or document) shall be the Head of the Investigation Department or Unit. In the absence of any of the Head of the Investigation any officer acting on his capacity shall sign. 20. Items recovered that need to be authenticated, certified, followed up shall be forwarded to the relevant authority within a reasonable time. The Investigating Officer shall ensure the process and response are ascertain with a period of time. 21. The Investigating Officer shall liaise with the prosecution council to see that items recovered that forms part of the proceeds of the crime are attached at the court for forfeiture of the item to the Federal Government, restitution to the victim, returned to the owner or destroyed after the conclusion of the case. 22. After the execution of the search warrant, an Investigating Officer shall in the in the interest of post-search procedural safeguard make a copy of the executed search warrant together with the list of items recovered in the course of the search to the Magistrate or Judge within a reasonable time before the case is charged to court.
  • 5. From the Book: Public Fraudsters By Mustapha Sani Gadanya 23. The Investigating Officer or any member of the team has the power of ingress or egress when executing a search warrant.