Best Arrests & Searches Lawyers in Johannesburg

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JMD ATTORNEYS
Johannesburg, South Africa

Founded in 2012
10 people in their team
Afrikaans
English
How we WorkJM De Villiers Attorney is a dynamic firm specialising in commercial law and criminal law with a track record of delivering practical solutions to the legal challenges that all our clientele face.We have an extended network of professionals that we work closely with, giving us access to...
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SWVG Inc
Johannesburg, South Africa

Founded in 2017
50 people in their team
Afrikaans
English
SWVG Inc.Swartz Weil Van Der Merwe Greenberg Inc. Attorneys was formed in August 2017, following the dissolution of Phillip Silver Swartz Inc.SWVG Inc. is a unique law firm offering a basket of legal services, with all of its professionals being passionate about the law, focused on what they do and...
Ndungu Attorneys Inc
Johannesburg, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
Ndungu Attorneys Inc is a boutique law firm situated in Johannesburg, close to the South Gauteng High Court (Johannesburg High Court) and various Magistrates’ Courts such as Jeppe, Hillbrow and Westgate.We have a rich and diverse history with our founder Kimani Ndung’u having worked or...
Johannesburg, South Africa

Founded in 2015
English
J. Jacobs and Associates, formerly known as Jacobs Attorneys, is a dynamic law firm situated in Mbombela, Mpumalanga. Established in 2015 by Jonathan Jacobs, the firm has built a solid reputation for delivering personalized legal services across various practice areas, including family law, credit...
Lydenburg
Johannesburg, South Africa

English
Ratau Attorneys, based in Lydenburg, South Africa, is a distinguished law firm renowned for its comprehensive legal services across various practice areas. The firm's team of experienced attorneys offers expert counsel in civil litigation, criminal defense, family law, and property law, ensuring...
BDK ATTORNEYS
Johannesburg, South Africa

Founded in 1960
50 people in their team
Afrikaans
English
What We Stand ForLAW WITH DIGNITY. YOU ARE A PERSON - NOT A CASE FILENever let a good fight pass byFair and compassion treatment towards our clientsNavigating our clients through the stormy waters of their legal issuesCollaborative work within our firm to provide the best possible...
Macgregor Erasmus Attorneys
Johannesburg, South Africa

Founded in 2007
50 people in their team
Afrikaans
English
Macgregor Erasmus Attorneys Inc. is an innovative Law Firm that redefines the role that Lawyers ought to play by providing quick, pragmatic and robust legal solutions and representation which is bespoke to Multinational Corporations, Blue-chip companies, Large, Medium, Small, Micro-enterprises and...
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About Arrests & Searches Law in Johannesburg, South Africa

In Johannesburg, South Africa, the legal framework governing arrests and searches is primarily derived from South Africa's Constitution, particularly the Bill of Rights, the Criminal Procedure Act, and various case laws. These laws ensure that individuals' rights are protected while providing law enforcement with the necessary powers to maintain order and safety. Arrests must be conducted lawfully and with reasonable suspicion, while searches, especially of private property, generally require a warrant. The balance between securing public safety and protecting individual rights is crucial in this legal field.

Why You May Need a Lawyer

There are several common situations where individuals in Johannesburg may require legal assistance regarding arrests and searches. These include being wrongfully arrested, experiencing an unlawful search, facing accusations that stem from a search or an arrest, or seeking redress for violations of rights during such incidents. Legal guidance is especially crucial for understanding the complexities of the law and ensuring that one's rights are upheld and legal remedies are pursued appropriately.

Local Laws Overview

The key aspects of local laws in Johannesburg concerning arrests and searches include:

  • The South African Police Service (SAPS) must have a reasonable suspicion to arrest an individual without a warrant.
  • Searches of property generally require a warrant, which must be issued by a judge or magistrate, but there are exceptions in cases of immediate threat or consent.
  • Detained individuals have the right to be informed of their rights, the reason for their arrest, and the right to remain silent.
  • The search should be conducted in a manner that is not unnecessarily invasive and respects the dignity of the individuals involved.
  • Evidence obtained from an unlawful search may be inadmissible in court.

Frequently Asked Questions

What constitutes a lawful arrest in Johannesburg?

A lawful arrest must be conducted with a warrant, or if a warrantless arrest occurs, it must be based on reasonable suspicion of a crime. The arresting officer must identify themselves and inform the accused of their rights.

Can the police search my home without a warrant?

Generally, police need a warrant to search your home. However, exceptions include emergencies, if consent is given, or if the search is associated with a lawful arrest.

What should I do if I am arrested?

Remain calm, do not resist, and request to consult an attorney. You have the right to remain silent and should not provide any statements without your lawyer present.

Are strip searches legal?

Strip searches are legal but must be conducted with strict adherence to dignity and privacy. They should be done by an officer of the same sex and in a private area.

Can evidence obtained from an illegal search be used against me?

Evidence from an unlawful search may be deemed inadmissible, but this depends on the circumstances and the court's discretion. Legal advice is essential in such situations.

What rights do I have during a search?

You have the right to verify the identification of the officers, inspect the search warrant if applicable, and record the details of the search.

How soon must I be brought before a court after being arrested?

An individual must be brought before a court within 48 hours of arrest, excluding weekends and public holidays, according to South African law.

Can I be detained without being charged?

Detention without charge is limited to short periods and must be justifiable. Extended detention requires a charge to be laid out by the authorities.

What is “reasonable suspicion” for a warrantless search?

Reasonable suspicion must be based on specific and articulable facts that suggest criminal activity is afoot, more than mere suspicion or hunch.

What are my rights if unlawfully searched?

You have the right to challenge the legal basis of the search, seek the exclusion of any obtained evidence, and pursue applicable civil remedies for rights violations.

Additional Resources

If you're facing issues related to arrests and searches, consider reaching out to the following organizations:

  • Legal Aid South Africa: Provides legal assistance to those who cannot afford it.
  • South African Human Rights Commission: Addresses human rights violations.
  • Independent Police Investigative Directorate (IPID): Investigates complaints against the police.

Next Steps

If you need legal assistance regarding arrests and searches, your next steps should be to contact a qualified attorney specializing in criminal law in Johannesburg. Document all details of your situation, including dates, times, and individuals involved. Utilize initial consultations to understand your legal standing and explore your options. It is vital to act promptly to safeguard your rights and to get the best possible legal outcome for your circumstances.

Lawzana helps you find the best lawyers and law firms in Johannesburg through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Arrests & Searches, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Johannesburg, South Africa - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.