Section 94: Entry, showing warrant, use of force

Supreme Court decisions interpreting this section

1. Supreme Court Judgment No. 5568/2558 (2015)

   Where the warrant is brought to the scene and exhibited to the occupier shortly after officers arrive, this counts as lawful presentation of the warrant to the person in possession of the place under Section 94.

   The warrant was initially held by another officer at a nearby school, then brought to the scene and shown to the complainant shortly afterward. The court held this was lawful presentation of the warrant to the occupier under Section 94, and that the accused understood in good faith that the first group of officers had already shown the warrant to the occupier.

2. Supreme Court Judgment No. 6403/2545 (2002)

   Where the occupant locks the door and refuses to open it, the officer executing the warrant may treat it as a case of necessity and force the door open under the second paragraph of Section 94.

   The person inside locked the door and refused to open it, saying he would surrender later, which showed he would not allow officers in to arrest him. The court held that using a piece of wood to force the locked door open was a case of necessity, and the officer executing the warrant had power to do so under the second paragraph of Section 94.

3. Supreme Court Judgment No. 4791/2528 (1985)

   Where there is authority to search without a warrant and a risk that items will be removed, a search conducted before two requested witnesses, breaking a lock only because entry in the owner's presence was not possible, is lawful under Sections 92, 94, and 102.

   Because unlawfully obtained goods were in the house and might be moved if not searched that day, and a search in the owner's presence without breaking the lock was not possible, the officer, a police inspector, searched before two witnesses. The court held the search lawful under Sections 92, 94, and 102, so the officer committed no offence, and where he had power to search without a warrant, any defect in the warrant did not remove his authority.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.