Police search house without warrant

An Oshakati man has laid a complaint against the Oshana police’s drug unit after police officers over the weekend searched his home, allegedly without a search warrant. Josef Itembu, 27, a resident of Oshakati’sUupindi informal settlement, has contacted a lawyer to discuss the possibility of instituting legal action against the Ministry of Safety and Security after police officers walked away empty-handed after what he claimed was an illegal search of his property. According to Itembu, on Saturday afternoon around 18:00, the police went through his belongings after a neighbour, who was being escorted by police officers to a police van, greeted him in passing. The neighbour was allegedly found in possession of dagga after police officers caught him driving a vehicle without a registration plate and searched the car. After the dagga was discovered, the police drove the suspect to his home in the Uupindi location and searched the place. “I don’t know whether or not the police found other drugs at his house, but while taking him to a police van they walked past my house and the suspect greeted me when he found me seated outside in the company of other people and the police became suspicious,” said Itembu. Unidentified officers from the drug unit allegedly approached Itembu and demanded to go through his house without a search warrant to confirm that he was not a drug dealer. “I asked them why I was a suspect and they told me it’s because my neighbour who was found with drugs had greeted me. I demanded to see a search warrant, but they informed me that they don’t need one,” said Itembu. He said the police found no drugs in his shack. “I have been in prison before on a charge of housebreaking but I have not yet been found guilty in that matter. I believe this might have been one of the reasons that police officers suspected I’m a drug dealer,” he said. The Oshana police chief, Commissioner Ndahangwapo Kashihakumwa, defended his officers, saying that in special instances the law gives them the power to search properties without warrants. “The manner in which the suspect greeted the other guys could have raised suspicions that the suspect was giving some sort of signal to the other guys, one of whom was already involved in some illegal dealings in the past. Considering that marijuana is something that can be easily disposed of, a search was necessary without any delay. “As long as the officers did the search without harm and in the interest of the law, it was not illegal,” said Kashihakumwa. According to Kashihakumwa, if there is nothing preventing a police officer from applying for a search warrant, then they are encouraged to do so. If, however, a situation necessitates an immediate search of a property, the absence of a search warrant can be overlooked. “The law gives us the power, but there should be a reason why. It is up to a police officer to use their discretion on whether a situation requires a search warrant or not, but that power is not there to be abused,” said Kashihakumwa.