Objection to search and seizure
If the person in occupation of any premises in respect of which a warrant is issued under this Act objects to the inspection or seizure under the warrant of any material on the ground that it— (a) contains privileged information and refuses the inspection or removal of such article or document, the person executing the warrant or search must, if he or she is of the opinion that the article or document contains information that has a bearing on the investigation and that such information is necessary for the investigation, request the Registrar of the High Court which has jurisdiction or his or her delegate, to attach and remove that article or document for safe custody until a court of law has made a ruling on the question whether the information concerned is privileged or not; or (b) consists partly of matters in respect of which those powers are not exercised, he or she must, if the person executing the warrant so requests, furnish that person with a copy of so much of the material as is not exempt from those powers.
What this means for your estate
- If material seized during a search is genuinely privileged, paragraph (a) lets your estate object and have the disputed material referred to the High Court's Registrar for safekeeping until a court rules on privilege, a real mechanism to protect privileged material rather than losing it by default.
Knowing s.87's objection mechanism exists, and having legal counsel ready to invoke it, is part of a complete PopiGuard-supported compliance response, not just the day-to-day paperwork.