Seizing evidence at a place that may only be entered with consent or warrant
148 Seizing evidence at a place that may only be entered with consent or warrant
This section applies if—
an investigator is authorised to enter a place under this division only with the consent of the occupier of the place or a warrant; and
the investigator enters the place after obtaining the necessary consent or warrant.
If the investigator enters the place with the occupier’s consent, the investigator may seize a thing at the place if—
the investigator reasonably believes the thing is evidence that is relevant to the investigation being carried out by the investigator; and
seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.
If the investigator enters the place with a warrant, the investigator may seize the evidence for which the warrant was issued.
The investigator also may seize anything else at the place if the investigator reasonably believes—
the thing is evidence that is relevant to the investigation; and
the seizure is necessary to prevent the thing being hidden, lost or destroyed.
However, the investigator must not seize a thing under this section if the evidence provided by the thing can otherwise be obtained from it.
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