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DISTRIBUTION AND PRICE OF GOODS ACT
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47.   Entry, search and seizure

Revised Laws of Saint Lucia (2021)

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47.   Entry, search and seizure

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    (1)   Where an authorized officer or a police officer has reasonable grounds for suspecting that there are, on land or any premises, goods liable to forfeiture or being traded in contravention of this Act, the authorized officer or the police officer may lay before a Magistrate information an oath setting out the grounds and apply for a warrant to search the land or premises for the goods.

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    (2)   Where an application is made under subsection (1) for a search warrant, the Magistrate may, subject to subsection (3), issue a warrant authorising a police officer, whether named in the warrant or not, with such assistance from an authorized officer or otherwise and by such force as is necessary and reasonable, to enter upon the land or into the premises to —

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      (a)     search and seize any goods which the police officer reasonably believes are liable to forfeiture or are being sold or offered for sale in contravention of this Act; and

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      (b)     copy or reproduce records found on the land or premises.

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    (3)   A Magistrate shall not issue a warrant pursuant to section 47 unless —

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      (a)     the authorized officer, police officer or other person gives to the Magistrate, either on oath or by affidavit, any further information that the Magistrate may require concerning the grounds on which the issue of the warrant is sought; and

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      (b)     the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.

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    (4)   A warrant issued pursuant to this section shall include —

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      (a)     a statement of the purpose for which the warrant was issued;

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      (b)     a description of the kind of goods to be seized;

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      (c)     a time, not being later than 28 days, upon which the warrant ceases to have effect; and

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      (d)     a statement as to whether entry is authorized to be made at any time of the day or night or during specified hours of the day or night.

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    (5)   A police officer who seizes any goods pursuant to a warrant issued pursuant to this section shall —

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      (a)     take reasonable care to ensure that the goods are preserved so that it may be dealt with in accordance with the law in force in Saint Lucia;

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      (b)     where goods have been seized pursuant to this section, return the goods to the person from whose possession the goods were seized within 72 hours unless the person from whose possession the goods were taken has been charged with an offence within 72 hours of the seizure.

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    (6)   Where a person from whose possession goods were seized is convicted on an offence pursuant to this Act, the goods seized shall be forfeited to the State unless the Court orders otherwise.

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