Searching vehicles without warrant
31 Searching vehicles without warrant
A police officer who reasonably suspects any of the prescribed circumstances for searching a vehicle without a warrant exist may, without warrant, do any of the following—
stop a vehicle;
detain a vehicle and the occupants of the vehicle;
search a vehicle and anything in it for anything relevant to the circumstances for which the vehicle and its occupants are detained.
Also, a police officer may stop, detain and search a vehicle and anything in it if the police officer reasonably suspects—
the vehicle is being used unlawfully; or
a person in the vehicle may be arrested without warrant under section 365 or under a warrant under the Corrective Services Act 2006.
If the driver or a passenger in the vehicle is arrested for an offence involving something the police officer may search for under this part without a warrant, a police officer may also detain the vehicle and anyone in it and search the vehicle and anything in it.
If it is impracticable to search for a thing that may be concealed in a vehicle at the place where the vehicle is stopped, the police officer may take the vehicle to a place with appropriate facilities for searching the vehicle and search the vehicle at that place.
The police officer may seize all or part of a thing—
that may provide evidence of the commission of an offence; or
that the person intends to use to cause self harm or harm to someone else; or
if section 32(1)(b) applies, that is an antique firearm.
Power under this section to search a vehicle includes power to enter the vehicle, stay in it and re-enter it as often as necessary to remove from it a thing seized under subsection (5).
This provision refers to the regulations (prescribed circumstances
). Made under this Act:
This Act’s bill:Explanatory memorandum
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