Searching public places without warrant
33 Searching public places without warrant
It is lawful for a police officer to exercise the following powers in a public place without a search warrant—
power to enter the public place and to stay on it for the time reasonably necessary to exercise powers mentioned in paragraphs (b) to (f);
power to search the public place for anything that may be evidence of the commission of an offence;
power to seize a thing found at the public place, or on a person found at the public place, that a police officer reasonably suspects may be evidence of the commission of an offence;
power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence;
power to dig up land;
power to open anything that is locked.
However, if this section applies to a place because it is a public place while it is ordinarily open to the public, the police officer may search the place only—
with the consent of the occupier of the place; or
under a search warrant; or
under chapter 7, part 2.
If the occupier consents, the police officer may exercise search warrant powers at the place.
This Act’s bill:Explanatory memorandum
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