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(1)Where an authorised officer proposes, in the exercise of the power conferred by section 102(1), to enter a dwellinghouse, the condition set out in subsection (2) must be satisfied.
(2)The condition is that the authorised officer has obtained a warrant from the sheriff in the month preceding the date of entry.
(3)The sheriff may issue a warrant only if satisfied by evidence on oath that there are reasonable grounds for suspecting that—
(a)an offence mentioned in section 102(1) has been, or is being, committed; and
(b)evidence of the commission of that offence may be found in the dwellinghouse.
(4)In this section, “dwellinghouse” means any premises or part of premises which are wholly or mainly occupied as a person’s dwelling.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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