Search and seizure - national proceedings


Bahamas - Constitution 1973 (2006)


Article 21
Protection for privacy of home and other property

(1) Except with his consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision —
(a) which is reasonably required —
(i) in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit; or
(ii) for the purpose of protecting the rights and freedoms of other persons;
(b) to enable an officer or agent of the Government of The Bahamas, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Government, authority or body corporate, as the case may be; or
(c) to authorise, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or the entry upon any premises by such order,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Bahamas - Criminal Procedure Code 2010



71. (1) Whenever any building or other place liable to search in accordance with the terms of a search warrant, issued under the provision of section 70 of this Code, is closed, any person residing in or being in charge of such building or place shall, on demand of the peace officer executing such warrant and on production to him of the warrant, allow such peace officer free ingress thereto and egress therefrom and afford all reasonable facilities for a search therein.

(2) If ingress thereto or egress from such building or other place cannot be obtained, the peace officer executing the search warrant may proceed in the manner provided by section 12 or 13 of this Code.

(3) Where any person in or about such building or place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched. If such person is a woman the provisions of section 16 of this Code shall be observed.

72. (1) When any thing is seized and brought before a court in pursuance of power conferred by any search warrant, it may be retained until the conclusion of the case or investigation in respect of which its seizure was authorised, reasonable care being taken for its preservation.

(2) If any appeal is made in such case or if any person is committed for trial, any court concerned may order any such thing to be retained further for the purpose of such appeal or trial.

(3) If no appeal is made, or if no person is committed for trial, the court shall direct such thing to be restored to the person from whom it was taken, unless the court is authorised and sees fit, or is required by law, to dispose of it otherwise.

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;