magistrate who has jurisdiction in the area where the relevant
suspected act of dealing in counterfeit goods is alleged to have taken
or to be taking place or is likely to take place, and will be issued only if
it appears to the judge or magistrate from information on oath or
affirmation that there are reasonable grounds for believing that an act
of dealing in counterfeit goods has taken or is taking place or is likely
to take place, and the inspector seeking the warrant may be asked to
specify which of the powers contemplated in section 4 (1) is or are
likely to be exercised.
(2)
A warrant in terms of this section may be issued either with reference
to only one separate suspected act of dealing in counterfeit goods or
with reference to any number of such acts, whether any such act
involves only one alleged offender or any number of alleged offenders,
and irrespective of whether such offender or number of offenders is
identified specifically by name or by reference to any particular place
or circumstances, and any point in time.
(3)
A warrant in terms of this section may be issued on any day and will
be in force until-
(4)
(5)
(a)
it has been executed; or
(b)
it is cancelled by the judge or magistrate who issued it, or, if
not available, by any other judge, or by any other magistrate
with like authority (as the case may be); or
(c)
the expiry of three months from the day of its issue; or
(d)
the purpose for which the warrant was issued, no longer exists,
whichever may occur first.
A warrant issued in terms of this section may be executed by day only,
unless the person who has issued the warrant has authorised the
execution thereof by night at times which must be reasonable, and the
entry upon or into and search of any place, premises or vehicle
specified in the warrant, and the search of any person thereat, thereon
or therein, must be conducted with strict regard to decency and order,
including(a)
a person's right to, respect for and protection of his or her
dignity;
(b)
the right of a person to freedom and security of his or her
person; and
(c)
the right of a person to his or her personal privacy.
An inspector executing a warrant in terms of this section must
immediately before commencing with the execution thereof(a)
identify himself or herself to the person in control of the place,
premises or vehicle to be entered upon or entered, if that
person is present, and hand to that person a copy of the
warrant, or, if that person is not present, affix a copy of the