Section 37E — Sabah Water Supply Enactment 2003

(a)

any premises have been used or are about to be used for; or

(b)

there is in any premises evidence necessary to the conduct of an investigation into, the commission of an offence under this Enactment or any regulations made under this

Enactment, the Magistrate may issue a warrant authorizing an authorized officer named in the warrant, at any reasonable time by day or by night and with or without assistance, to enter the premises and if need be by force.

(2)

Without affecting the generality of subsection (1), the warrant issued by the

Magistrate may authorize the authorized officer to –

(a)

search for any equipment, device, appliance, material, book, record, account, document or other thing as he may consider necessary;

(b)

inspect any equipment, device, appliance, material, book, record, account, document or other thing and may open any receptacle, package or conveyance as he may consider necessary;

(c)

search for any signboard, card, letter, pamphlet, leaflet or notice;

(d)

take any photograph or video via any means including electronic means, enquire and record any information about the inspection as he may consider necessary;

or

(e)

request the production of any books, account or other documents and may make copy of or extract from thereof.

(3)

An authorized officer entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary.

(4)

An authorized officer conducting a search under subsection (1) may, for the purpose of investigating into the offence, search any person who is in or on the premises.

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(5)

Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

(6)

An authorized officer may, in the exercise of his powers under this section, if it is necessary so to do -

(a)

break upon any outer or inner door of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises, if necessary forcibly;

(b)

remove by force any obstruction to entry, search or removal as he is empowered to effect under this section; and

(c)

detain any person found in the premises until the search has been completed.

Search without warrant