Constitution of The Bahamas

ContentsChapter III. Protection of Fundamental Rights and Freedoms of the Individual

Article 21. Protection for privacy of home and other propertyPrivacy of home and property

Official text. Hover or tap any paragraph for its plain-English version.Plain-language edition, an unofficial restatement. Hover or tap any paragraph for the official wording, which alone has legal effect.

21.

In briefNo one may be searched, have their property searched or have their premises entered without consent, except under laws that are reasonably justifiable in a democratic society.

(1)

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

Without your consent, you cannot be subjected to a search of your person or your property, or to other people entering your 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 provisions-

A law, and anything done under it, is not treated as inconsistent with or in breach of this Article to the extent that the law makes provision:

(a)

which is reasonably required-

that is reasonably required:

(i)

in the interests of defence, public safety, public order, public morality, public health, town and country planning, he development of mineral resources, or the development of utilization of any other property in such a manner as to promote the public benefit; or

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 use of any other property in a way that promotes the public benefit; or

(ii)

for the purpose of protecting the rights and freedoms other persons;

to protect the rights and freedoms of other people;

(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 the belongs to that Government, authority or body corporate, as the case may be; or

to allow an officer or agent of the Government of The Bahamas, a local government authority, or a body corporate (a legally recognised organisation) established by law for public purposes, to enter a person's premises in order to inspect the premises or anything on them for the purposes of any tax, rate or due, or to carry out work connected with any property that is lawfully on those premises and belongs to that Government, authority or body corporate; or

(c)

to authorize, 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 provisions or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

to authorise, for the purpose of enforcing a court's judgment or order in civil proceedings, the search of any person or property by order of a court, or entry onto any premises by such an order. These exceptions do not apply if the provision, or the thing done under it, is shown not to be reasonably justifiable in a democratic society.

Protection for privacy of home and other propertyPrivacy of home and property

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