Urgent searches without warrant
119 Urgent searches without warrant
A member may, in circumstances of such seriousness and urgency as to require and justify immediate search or entry without the authority of an order of a court or of a warrant issued under this
Part, without warrant:
search the person of, the clothing that is being worn by and property in the immediate control of, a person suspected on reasonable grounds by the member to be carrying anything connected with an offence; or
enter a place at which the member believes, on reasonable grounds, that anything connected with an offence is situated and search the place.
A member who exercises a power under subsection (1) may seize anything found in the course of the search if the member believes on reasonable grounds it is necessary to do so because the thing:
is connected with an offence; or
may significantly increase the risk to the health or safety of a particular person or the public.
A member who believes on reasonable grounds that a person is carrying a restricted weapon may, without warrant, search the person for the weapon and seize any restricted weapon found on the person.
A member who believes on reasonable grounds that a restricted weapon is being carried in an aircraft, ship, train or vehicle may, without warrant, enter the aircraft, ship, train or vehicle and seize any restricted weapon found in it.
The power of seizure under this section includes the power to:
remove the thing that is seized from the place where it is found;
and
guard the thing that is seized at the place where it is found.
The powers given by this section are in addition to and do not derogate from any other powers of a member.
This Act’s bill:Second reading speech
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