Search, Exhibit and Search warrant defined
The Black’s law Dictionary the 10th Edition pg. 1468 defines
search to mean an examination of a person’s premises or person to
find evidence of a crime by law enforcement officers usually pursuant
to a warrant.
Under the same reference at page 655 an exhibit is defined to mean
a document, record or other tangible object formally introduced as
evidence in Court.
The same dictionary at page 1470 defines a search warrant to mean
a judge’s written order authorizing a law enforcement officer to
conduct a search of a specified place and to seize evidence.
Article 27 of the 1995 Constitution of The Republic of Uganda
as amended bars unlawful search of a person, their home or property
however the Police Act cap 324 under section 26 empowers police
officers to conduct a search on a person or property where he or she
has reasonable grounds to suspect that the property stolen or
smuggled or unlawfully obtained be found and may seize that
property.
Powers to issue a search warrant
Section 70 of the Magistrate Court Act cap 19, is to the effect
that a magistrate court may issue a search warrant based on sworn
evidence authorizing the search of a specified place for items linked to
an offence or investigation and such items may be seized and
presented to court as evidence.
A search can be conducted with or without a search warrant;
(a) Search with warrant:
A search warrant is written authority given by a court ordering
the search of the premises, place or vessel named in the warrant
for the purpose of seizing anything therein which is required or
material; in the investigation of an offence. In other words, a
search warrant is an authority to search a place for evidence of a
crime which is suspected or believed to have happened. See
Section 70 Of the Magistrates Act Cap 19
(b) Search without a warrant:
When a police officer has a reason to believe that material
evidence can obtained in connection with an offence for which
an arrest has been made or authorized, any police officer may
search the dwelling or place of business of the person arrested
or the person for whom the warrant of arrest has been issued
and my take possession of anything reasonably which may be
used as evidence in any criminal proceedings. See Section 27
of the Police Act Cap 324
Limitation to search without search warrant
Section 27 (1) of the police Act Cap 324, limits the powers to
search without a warrant to a police officer at the routine of sergeant
and above and should much as possible conduct the search himself.
Where the officer cannot conduct the search himself and there is no
competent person to carry out the search, the officer may after
recording in writing his / her reasons for so doing , require any
subordinate to him/herself not below the rank of corporal to make the
search for him/herself and shall deliver to that officer an order in
writing specifying the place to be searched and so far as possible the
thing for which search is to be made and that officer may there upon
search for that thing in that place Section27(3) of the Police Act
Cap 324.This is also emphasized under section 60 of the
Magistrates Court Act cap 19.
In Uganda Vs kinyera and 3 others (criminal session 374 of
2018) [2018] UGHCCRD 297 (13 December 2018), Without a
warrant, police must justify their entry onto private property.
Warrantless entry is only allowed in strictly defined exigent
circumstances, where a reasonable person would believe immediate
entry is necessary. However, such entry is not justified if the urgency
was deliberately created by police actions.
The occupant of the place searched or some other person on his or
her behalf shall in every instance be permitted to attend the search
and where possible a local leader should be present during the search.
In Kiggundu and others Vs Uganda Crim appeal number
25/2000, court noted that search is to be conducted in the presence
of at least the local leaders.
Process of conducting a search
1. Application for a search warrant.
Section 70 of the Magistrate Court Act cap 19, is to the effect
that a magistrate court may issue a search warrant based on sworn
evidence authorizing the search of a specified place for items linked to
an offence or investigation and such items may be seized and
presented to court as evidence.
Issuance of the Search Warrant by a magistrate – where the
magistrate is satisfied by the declaration made by the police officer on
oath, they may grant a search warrant to that officer authorizing the
to proceed and make the search. (UC FORM 109)
2. Execution of search warrant
Section 71 of the Magistrates Court Act cap 19, the warrant has
to be presented to the house holder to allow the officer carry out
search.
Section 71 of the Magistrate Court Act cap 19, Persons residing
or in charge of places liable for a search but are closed must upon
production of search warrant, allow the officer ingress into the
premises.
Section 72(2) of the Magistrate Court Act cap 19, where ingress
or egress is not obtained, the procedure under sections 3 and 4 of
the Criminal Procedure Code Act Cap 122 apply.
Where a search warrant is directed to more than one officer or
person, it may be executed by all or any one of them as set out under
Section 58 Magistrate Court Act cap 19.
The officer, accompanied by a scene of crime officer and witnesses
(including local leaders and the suspect or their representative),
proceeds to the search location.
3. Conducting the Search
Upon arrival, the premises are opened in the presence of the suspect
or a responsible person. The officer explains the purpose of the
search, identifies the exhibit, and presents the search warrant.
Section 27 (9) of the police Act Cap 324 requires that searches be
carried out I humane manner and unnecessary damage or destruction
to property be avoided. (Provision uses shall).
Section 73 of the MCA, property seized maybe brought before court
and handled with care.
4. Management of exhibits
Exhibits must be handled over to the investigation officer marked,
assigned an exhibit number and described in police file and handed
over to store a man for custody. (Police form 17A)
Exhibit registered in the Exhibit register by Officer in Charge of the
Criminal Investigating Department.
Movement must be registered, then exhibits forwarded to experts e.g
government chemists.
The exhibit is described in detail (e.g., color, serial number, size) per
Section 29(2) of the Police Act cap 324. The chain of custody must
remain intact to preserve evidential value, as emphasized in Uganda
v. George William Kada (Criminal Appeal SC 367/96), where
improper handling led to doubts about evidence integrity.
The scene of crime officer photographs the exhibit in its original state
before removal. The suspect and witnesses sign the search warrant to
confirm what was recovered, with the suspect receiving a copy. The
original warrant is filed with the police.
5. Presentation in Court
A slip is prepared and a copy is attached to the exhibit and another
filed.
The exhibit is kept under lock and key, and an exhibit slip with its
details is attached. In Uganda v. Kabuye Julius (HCT-OO-CR-
0011-2004), a handwritten note was improperly substituted with a
typed copy, leading to its rejection as evidence. This highlights the
importance of preserving exhibits in their original form to maintain
evidential value in court.
The investigating officer should follow the aforementioned procedure
to recover and seize the missing printer from the factory in Namanve
industrial park and a search be conducted on Bugembe Umaru and
the money should be seized if found and treated in the manner laid
out under Direction 10 of the Constitution (Exhibit Management
Guidelines for Courts of Judicature) (Practice) Directions 2021
APPENDIX OF DOCUMENTS
NOTICE OF MOTION
AFFIDAVIT IN SUPPORT OF TE NOTICE OF MOTION
SEARCH WARRANT
THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE’S COURT OF NAKAWA AT NAKAWA
024 OF 2025
CRIMINAL MISC. APPLICATION NO …………
IN THE MATTER OF SECTION 27 OF THE POLICE ACT 324 AND SECTION
70 OF THE MAGISTRATES COURT’S ACT CAP 19
AND
IN THE MATER OF APPLICATION OF A SEARCH WARRANT OF D/C
BWALATUM PONCIANO
NOTICE OF MOTION (Ex parte)
This is an application by notice of motion and under the legal provisions cited
above and seek for orders that:
A search warrant be granted to the investigating officer to search the
premises of a Factory in Namanve industrial park belonging to
KABALATA SIGNUS
TAKE FURTHER NOTICE that this application is supported by grounds set out
in the affidavit of D/C Bwalatum Ponciano attached to Kira police which shall be
relied upon the hearing of this application and thereof state as follows;
1. That I am a male adult of sound mind and a police officer attached to Kira
police
2. That am an investigating officer in the case of theft of a school Printer vide SD
REF 012/05/09/23
31s day of ………...…………...2025
Filed at Nakawa this ……… January by the said D/C
t
Bwalatum Ponciano
Tumpoc
………………………………………..
APPLICANT
y D/CPL
BEFORE ME
nmal
…………………………………….
MAGISTRATE
THE REPUBLIC OF UGANDA
IN THE CHIEF MAGISTRATE’S COURT OF NAKAWA AT NAKAWA
024 OF 2025
CRIMINAL MISC. APPLICATION NO …………
IN THE MATER OF APPLICATION OF A SEARCH WARRANT OF D/C
BWALATUM PONCIANO
AFFIDAVIT
I, Bwalatum Positano attached to Kira Police do hereby solemnly make oath and state as
follows.
1. That I am a male adult Ugandan of sound mind, a police officer attached to Kira
police.
2. That I am the investigating officer in the case of;
a) A missing printer (Lex mark X854 e MFP)
b) The premises to be searched include; a factory in Namanve industrial park
belonging to Kabalata Signus.
3. That whatever I have stated herein above is true and correct to the best of my
knowledge.
Sworn by the said Bwalatum Positano31this ……… January
s
day of ………...
t
…………...2025
Tumpoc
………………………………………..
y D/CPL
DEPONENT
BEFORE ME
opisoym
………………………………………………………………………..
s
COMMISSIONER FOR OATHS
UC FORM 109
THE REPUBLIC OF UGANDA
SEARCH WARRANT
IN THE CHIEF MAGISTRATE’S COURT OF NAKAWA AT NAKAWA
TO: D/C Bwalatum Ponciano.
WHERE AS it has been proved to me that in fact or according to reasonable
suspicion the
following things / thing
A printer (Lexmark X854e MFP)
Upon by or in respect of which an offence has been committed OR which is / are
necessary to the conduct of an investigation into an offence is /are in the building/
vessel, Carriage, Box, Receptacle, place herein named and described as follows:
Factory in Namanve industrial park belonging to KABALATA SIGNUS
This is to authorize and require you to enter /open the said Building, Carriage,
Vessel, Box, Receptacle, Place, described as aforesaid and if found to seize and
carry it/them before this court or some court to be dealt with according to Law,
returning this warrant with an endorsement certifying that you have done under it
immediately upon its execution.
3 rd
Februar
Given under my hand and seal of this court this ……… day of……………….2025
y
nmale
……………………………………………
MAGISTRATE
