Carrying Out Search Powers

Question 1

Section 112

Answer 1

Items of uncertain status may be seized

-If carrying out search power

• and I am uncertain if the item may be lawfully seized and it is not reasonably practicable to determine whether the item can be seized

I can:
Remove the item for purpose of examination or analysis to determine whether it may be lawfully seized

Question 2

Section 117

Answer 2

Special powers where application for search warrant pending

• A search warrant is about to be made

OR

• has been made &
• has not yet been granted/ refused by an issuing officer &
• the officer is present at the P/V which is the subject of the application

And I have:
RGTB CADD before warrant

Powers:
ESSD (Enter, Seize, Secure, Direct)

POWERS REMAIN IN PLACE UNTIL (whichever comes first)
- 6 hours
- warrant is available for execution at that place/vehicle or in respect of that other thing
-the application for a search warrant is refused

Question 3

Section 121

Answer 3

Stopping vehicles with/without warrant for purpose of a search

If I have grounds to search the vehicle OR
A warrant has been issued and is in force for the vehicle

Question 4

Section 123

Answer 4

Seizure of items in plain view

I must be:
Exercising a search power

Or

Lawfully in any place or in/on a vehicle

Or

Conducting a lawful search of a person

And

Find any item while carrying out that search or as a result of observations at the place/ in vehicle

I can seize the item