Power to enter and search vehicles and places
347 Power to enter and search vehicles and places
For the purpose of exercising a power under section 346, a police officer may enter and search any vehicle or place that the police officer reasonably suspects is a vehicle in which or place where a firearm or related thing may be found that is in the possession of a person in a circumstance that justifies seizure under section 346.
A power of a police officer to enter and search a vehicle under this section may be exercised without a warrant.
A power of a police officer to enter and search a place under this section may be exercised without a warrant if (and only if) subsection (4) or (5) applies.
This subsection applies if the police officer reasonably suspects that —
there is an immediate threat of harm to a person; and
the delay that would be involved in obtaining a warrant would be likely to increase the risk or extent of that harm.
This subsection applies if the circumstance that justifies seizure under section 346 is the circumstance under section 346(1)(d).
A police officer who exercises a power under this section to enter and search a place without a warrant must give the Commissioner, after the power is exercised, a written report in the approved form explaining, as the case requires —
the reason for the suspicion referred to in subsection (4); or
the reason for the opinion under section 346(1)(d).
This Act’s bill:Explanatory memorandumSecond reading speech
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