Carrying out Search Powers

Question 1

What is Section 112?

Answer 1

Items of uncertain status may be seized.

The person exercising the search power may remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.

Question 2

What is Section 117?

Answer 2

Section 117 is your Special powers where application for search warrant pending

Question 3

What is Section 121?

Answer 3

Section 121 is Stopping vehicles with or without warrant for purposes of search

Question 4

What is Section 122?

Answer 4

Moving vehicles for purpose of search or safekeeping

(1) An enforcement officer may move a vehicle to another place if he or she finds or stops the vehicle and has lawful authority to search the vehicle, but it is impracticable to do so at that place.

(2) An enforcement officer who has the power to arrest persons may move a vehicle to another place if he or she finds or stops the vehicle and has reasonable grounds to believe that it is necessary to move the vehicle for safekeeping.

Question 5

What is Section 123?

Answer 5

Section 123 is seizing items in plain view when they are:

(a) exercises a search power; or
(b) is lawfully in any place or in or on a vehicle; or
(c) is conducting a lawful search of a person.