Adam Bangbroek Case Study

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This essay serves to highlight the legal issues surrounding the incident of the search of the home of Adam Bangbroek. I will outline the specific criminal procedures that were transgressed, the constitutional rights that were violated and the criminality of the actions of the police during this incident. I will further use this incident to elucidate the “need for balance between crime control and due process”.
The main problematic facts in this incident are as follows. The SAP searched the home of Adam Bangbroek in a random drug raid. They wore no Name tags or identification. They broke down the door without warning and stormed into the house and stuck guns in the family’s faces. Adam’s dreadlocks were cut off by one of the policemen. The family was physically and verbally abused by the officers. Their home was trashed during the search.
The Criminal Procedure Act outlines the circumstances under which a police officer may use force to gain entry onto a property to conduct a search. A police
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This could be argued as per section 36 of the Constitution. Especially considering that the purpose of the limitation, crime control, would be in the interest of society. This is a reasonable argument but if you look at (1)(e) of the same provision, it speaks about questioning whether or not there are less restrictive methods of achieving the purpose. In this case, there were. The police did not need to enter the property without a warrant. Even if they did, as argued above, with the permission of the occupants, they could have entered legally. They did not need to break down any doors since there was no resistance offered by Adam and his family. The dreadlock cutting is quite frankly arbitrary and needless. There were many, far less restrictive means of achieving crime control in this

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