(1)If a police officer with authority to arrest or a person acting under an arrest warrant has reason to believe that the person to be arrested is inside any place and demands entry to that place, any person residing in or in charge of the place must allow the police officer or person acting under an arrest warrant free entry and provide all reasonable facilities for a search in it.
Section history
Section 77 — Search of place entered by person sought to be arrested
As in force on 31 December 2021.
Timeline 3 versions
The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.
(2)If entry to that place cannot be gained under subsection (1), it is lawful for a police officer with authority to arrest or a person acting under an arrest warrant to enter and search the place.
(3)In any case in which an arrest warrant may be issued but cannot be obtained without the risk of the person to be arrested escaping, a police officer may enter and search the place.
(4)After stating his or her authority and purpose and demanding entry to a place, a police officer with authority to arrest or a person acting under an arrest warrant who is unable to obtain entry may, for the purposes of subsection (2) or (3), break open any outer or inner door or window or use any other reasonable means to gain such entry.