Search and seizure - national proceedings

Marshall Islands

Marshall Islands - Constitution 1979 (2014) EN

''ARTICLE I, SUPREMACY OF THE CONSTITUTION, Section 3. Unreasonable Search and Seizure''

(1) The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

(2) A search or seizure shall be deemed unreasonable as a matter of law if no warrant has been obtained despite adequate time to obtain one.

(3) Any seizure of a person shall be deemed unreasonable as a matter of law unless the person is promptly informed of the cause of such seizure and is ensured a prompt opportunity to contest its legality before a judge.

(4) A search of premises not belonging to, or occupied by, the person who is believed to have committed a crime shall be deemed unreasonable as a matter of law unless the person whose premises are searched has been given a prior opportunity, in an adversary hearing, to challenge or comply with a subpoena identifying the persons or things to be produced, or the officer issuing a warrant for the search has reasonably determined that such prior notice and hearing would create an undue risk that the persons or things sought would be removed or otherwise made unavailable.

(5) Evidence obtained through an unreasonable search and seizure, or pursuant to an invalid warrant,,. cannot be used to support a criminal conviction.

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;