Search warrant, effect of
43 Search warrant, effect of
In this section —
target place, in relation to a search warrant, means the place described in the warrant that may be entered and searched under it;
target thing, in relation to a search warrant, means the thing or class of thing described in the warrant that is the object of the search.
A search warrant has effect according to its contents and this section.
A search warrant comes into force when it is issued by a JP.
A search warrant may only be executed after it comes into force and before the end of the period during which it may be executed, despite subsection (11).
A search warrant may be executed —
if a police officer applied for it, by any police officer;
if a public officer applied for it, by any public officer whose functions are the same as the applicant’s, or by a police officer.
A search warrant must be executed between 6 a.m. and 9 p.m. unless the officer executing it reasonably suspects that if it were, the safety of any person, including the officer, may be endangered or the effectiveness of the proposed search may be jeopardised.
A search warrant authorises entry to the target place for a reasonable period for the purpose of executing the warrant.
A search warrant authorises the officer executing it to exercise any or all of these primary powers —
to enter the target place;
if it authorises a search for a target thing —
to search the target place for the target thing; and
to do a basic search or a strip search of a person who is in the target place when the warrant is being executed for the target thing; and
subject to section 146, to seize the target thing;
if it authorises a search for a person —
to search the target place for the person; and
to take any action that is reasonably necessary to stop any offence that is being, or prevent any offence that may be, committed against the person.
If an officer doing a search under a search warrant finds a thing which is not a target thing but which is a thing relevant to an offence (including the offence to which the warrant relates), the officer may, subject to section 146, seize it.
If an officer doing a search under a search warrant finds a target thing or a thing that may be seized under subsection (9), then whether or not the officer seizes it, the officer may do a forensic examination on it.
Subject to subsection (4), a search warrant ceases to be in force when —
if the target thing is found —
the thing is seized; or
a forensic examination on the thing that it is reasonably necessary to do in the target place is completed;
or
if a thing which is not the target thing but which can be seized under this Act is found when executing the warrant —
the thing is seized; or
a forensic examination on the thing that it is reasonably necessary to do in the target place is completed;
or
if the person to be searched for is found — any offence that is being or that may be committed against the person is stopped or prevented; or
if the target thing or the person to be searched for is not found, the search is completed,
whichever happens last.
This section does not prevent the exercise of the powers in Part 8 Division 2 on a person who is in the target place.
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