Police Service Act 1970 (Act 350) S 1 duty to prevent, detect crimes, apprehend criminals, maintain law and order, safety and property. S3 of Act 30 Police arrest and in the process of preventing escape may kill per Art 13, must tell of treason of arrest and right to a lawyer, taken to court within 48 hours or be released, if detained by court must be tried within reasonable time else released conditionally or unconditionally Art 14 on bail, police enquiry bail- or self-recognisance bail.
Investigations: receipt of complaint, enquiries to discover identity of criminal, whether complaint can be substantiated by law
Arrest with warrant S 9, Arrest without warrant S 10, private person arrests without warrant on suspicion where the offence has actually been committed. S 3 touch or confine unless submits, S4takes refuge in house or place be given reasonable means to search by warrant, if restricted use reasonable force to break into per S 5. Restrain of accused not be unnecessary but to prevent escape S 6, Asante v Republic not told reason for arrest but shown warrant and ignition key seized was unlawful, conviction for assault on officer quashed. Before custody be searched and retrieved of unlawful items S 7. Must show warrant to accused upon arrest else unlawful S 12.
Police Officer may search premise, place or house person by warrant in writing order by a judge or magistrate to search or without warrant on suspicion of containing items likely to be used to commit offence where he isn’t below rank of Assis. Superintendent of Police or below such rank but with authority by officer not below.
Law Officers Act 1974 S 4 AG’s officers above state attorney has power to arrest as conferred on police in S 10. Magistrate may arrestperson within jurisdiction per S 17&18.
S 50-53, S 88-93, S 71-81 of Act 30
Takes Investigation Caution Statement from accused, recorded and signed, per Frimpong alias Iboman SC, unfollowed by Awutu Ellies v Republic COA, position restated Ekow Russell v Republic police can act as independent witness under S 120 of Act 323.
Decision to charge-caution given per Estate v Boateng accused not obliged to give statement to police during investigations, takes Charged Caution Statement, reminded of right to lawyer. Even if accused fails to object to statement made without being informed of his right to lawyer, he can’t be said to have waived same as it’s a fundamental right.