Dealing with persons who obstruct search of person or vehicle
628 Dealing with persons who obstruct search of person or vehicle
If a person (the obstructing person) obstructs a police officer conducting a lawful search of the person, another person or a vehicle, a police officer must, if reasonably practicable—
warn the obstructing person it is an offence to obstruct a police officer in the performance of the police officer’s duties; and
give the obstructing person a reasonable opportunity to stop obstructing the search.
It may not be reasonably practicable for a police officer to comply with subsection (1) if, for example—
there is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or
there is a reasonable expectation that, if warned, the person may immediately dispose of, or destroy, evidence; or
an immediate search is necessary to protect the safety of any person.
This Act’s bill:Explanatory memorandum
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