Search and seizure - national proceedings

Republic of Cameroon

Cameroon - Criminal Procedure Code 2005 EN

Section 35:
(1) The judicial police officer who arrests or to whom an officer of the forces of law and order or an individual hands over a suspect may search the suspect or cause him to be searched, take away and keep in safe custody ail articles found in his possession except necessary clothing.

(2) An inventory of the articles seized shall be prepared and signed on the spot by the judicial police officer, the suspect and a witness.

(3) When a person arrested is released, any property seized from him which may not be used as an exhibit shall be immediately returned to him before witnesses, if any, and against his signature. A report shall be made of the restitution.

Section 92:
(2) A judicial police officer may:
- conduct the search of a house, or premises and make seizures in accordance with the provisions of sections 93 to 100;

Section 93:
(1) Searches and seizures shall be carried out by judicial police officers who possess search warrants.
However, he may act without a search warrant in cases of a felony or a misdemeanour committed flagrante delicto.

(2) Any search or seizure shall be carried out in the presence of the occupant of the place and the person in possession of the objects to be seized, or in case of their absence, their representatives, as well as two witnesses chosen from among the persons or neighbours present.

(3) The occupant of the place and the person in possession of the objects to be seized, or in case of their absence, their representatives shall have the right to search the judicial police officer before the latter commences his search. He shall be informed of the said right and mention of it shall be made in the report of the fulfilment of this formality.

(4) In the absence of the occupant or of the person in possession of the objects or of their representatives, and in case of urgency, the State Counsel may, in writing, authorize the

Section 104:
(2)
(d) to seize any articles or documents used in committing, or which appear to be the product of the felony;

Section 104:
(2)
(f) to conduct searches in the houses of persons suspected of either keeping documents or articles relating to the particulars of the offence or of having participated in the commission of the felony.

Section 104:
(2)
(f) to conduct searches in the houses of persons suspected of either keeping documents or articles relating to the particulars of the offence or of having participated in the commission of the felony.

Section 106:
(1) Searches in an advocate's chambers shall be conducted only for the purpose of seizing documents or objects connected with legal proceedings or where the advocate is being investigated or where the documents or objects are unrelated to the practice of his profession.

(2) The search shall be conducted by the competent law officer of the Legal Department in the presence of the advocate and the President of the Bar Council or his representative.
It shall be conducted under conditions which safeguard professional secrecy and maintain the dignity of the advocate.

(3) Failure to comply with the provisions of the present section shall render the search null and void.

Section 107: Searches in the office of a physician, a public notary or all other persons bound by professional secrecy shall be conducted in the presence of the competent magistrate, and if necessary, of the person concerned and of the representative of his professional organization, if any.

Section 177:
(1) The Examining Magistrate may visit any area within his jurisdiction to carry out all measures of investigation necessary for the discovery of the truth, and in particular conduct searches and seizures.

(2) He may also visit area outside his jurisdiction after having notified the State Counsel of the area concerned.

Section 178:
(1) Searches of or visits to residential premises shall be made wherever they are likely to yield relevant evidence.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(h) The execution of searches and seizures;