Constitutional Law and International Human Rights Law lecturer at the Faculty of Law of the Ghana Institute of Management and Pubic Administration (GIMPA), Justice Srem Sai has offered directions on how search warrants for mobile phones should be conducted.
He explained that a person’s mobile phone may contain tons of private information of different kinds – bank, health, itinerary.
Some of which, he said, may belong to other people and are saved in different parts of the phone.
To that end, he said, a search warrant for phone should specify which part of the phone is to be searched.
“A mobile phone contains tons of private info of different kinds – bank, health, itinerary, etc – some of which belong to other people and are saved in different parts of the phone.
“A search warrant for your phone should specify which part of the phone is to be searched. #SremLaw #Privacy,” he said in a tweet.
He also threw lights on how Police should go about arresting suspects.
“A TRUE STORY: Police arrested A. Police didn’t tell A that he’s under arrest. Police didn’t tell A why he arrested A. Police seized A’s car key. A beat up police, retrieved key and left. Police took A to court. Court: A was justified in beating Police. Reason
“Procedure for arrest: (1) Tell the person in a language she understands that she’s under arrest & the reason for the arrest; (2) show warrant if any & if demanded; (3) sieze the person; (4) Tell her her miranda rights; and (5) Take her to the station real quick.
“COURT SAID: Police didn’t follow procedure. Therefore, police can’t complain about the beating. A was acquitted of the beating offence and discharged. This is what can happen when a police breaches standard arrest procedure.
“When we train @GhPoliceService officers, we tell them about rights. We also teach them standard procedure n explain the consequences of their breach to them. Later today, I’ll tell u some consequences of a Man police officer disregarding arrest and investigation procedures. #SremLaw #Crime.”
By Laud Nartey|3news.com|Ghana