38V
CurrentPower to search an arrested person
Part VIIASearch, seizure and powers of arrest
Division 4Arrest and related matters
38V Power to search an arrested person
(1)
The police officer arresting the person, or any police officer who is present at the arrest, may:
(a)
if he or she believes on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying any seizable items—conduct a frisk search of the person at, or soon after, the time of arrest; or
(b)
if he or she suspects on reasonable grounds that the person is carrying any seizable items—conduct an ordinary search of the person at, or soon after, the time of the arrest.
(2)
The police officer may seize any seizable items found as a result of the search.
This Act’s bill:Second reading speech
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