Chapter 4: Search and Surveillance Act 2012

Question 1

Definitions

Evidential material

Pg5)

Answer 1

Evidential material, in relation to an OFFENCE or SUSPECTED OFFENCE, means evidence of the offence or any other item, TANGIBLE or INTANGIBLE, of relevance to the investigation of the offence.

Question 2

Definitions

Pg5

Reasonable grounds to believe*

Answer 2

HAVING A SOUND BASIS FOR BELIEVING that a SITUATION CIRCUMSTANCE ACTUALLY EXISTS e.g. reasonable grounds to believe that the search will locate evidential material relating to that offence.

Question 3

Definitions

Reasonable grounds to suspect

Pg5

Answer 3

HAVING a SOUND BASIS for SUSPECTING AT A SITUATION or CIRCUMSTANCE IS LIKELY TO EXIST e.g. reasonable grounds to suspect that an offence has been committed.

Question 4

Definitions

Unlawfully at large

Pg5)

Answer 4

Unlawfully at large, in relation to a person, means that a person is any one or more of these:

(a) a person for whose ARREST WARRANT (OTHER THAN A WARRANT ISSUED UNDER Part 3 of the Summary Proceedings Act 1957) is in force:
(b) UNLAWFULLY AT LARGE within the meaning of the CORRECTIONS ACT 2004 or the PAROLE ACT 2002
(c) a PRISON BREAKER within the meaning of section 119 of the Crimes Act 1961
(d) an ESCAPEE FROM LAWFUL CUSTODY within the meaning of section 120 of the Crimes Act 1961
(e) a SPECIAL PATIENT or RESTRICTED PATIENT within the meaning of the MENTAL HEALTH (Compulsory Assessment and Treatment) Act 1992 who has ESCAPED OR FAILED TO RETURN ON THE EXPIRY or CANCELLATION OF PERIOD OF LEAVE
(f) a care recipient or special care recipient within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 who has escaped or failed to return on the expiry or cancellation of a period of leave
(g) A YOUNG PERSON within the meaning of the Children, Young Persons, and Their Families Act 1989 who is SUBJECT TO AN ORDER made under section 311(1) of that Act and who IS ABSCONDING FROM CUSTODY OF THE CHIEF EXECUTIVE (as defined in that Act).

Question 5

General principles applying to searches

SEARCHING PEOPLE, PLACES, VEHICLES and OTHER THINGS

Lawfulness and reasonableness

Pg6)

Answer 5

All searches must be LAWFUL and REASONABLE. (See Lawfulness and reasonableness of searches below for more information).

Question 6

General principles applying to searches

Pg6)

Search hierarchy

Answer 6

You should ALWAYS CONSIDER OBTAINING A SEARCH WARRANT FIRST.
IF NOT PRACTICABLE, CONSIDER USING A WARRANTLESS POWER.
If there is a reason to search a place, vehicle or other thing and a warrantless search power exists, then you should use that power instead of asking a relevant person for consent to conduct the search under sections 91 to 96 of the Act.

Question 7

General principles applying to searches

Decision records

Pg7)

Answer 7

You MUST RECORD YOUR REASONABLE GROUNDS TO SUSPECT and/or BELIEVE that were KNOWN AT THE TIME A WARRANTLESS POWER WAS USED.
You MAY NEED TO RELY ON THIS RECORD IN COURT.

Question 8

General principles applying to searches

Identification and notice

Pg7)

Answer 8

The OWNER / OCCUPIER / or PERSON IN CHARGE OF A PLACE, VEHICLE or THING BEING SEARCHED HAS THE RIGHT TO KNOW WHO IS SEARCHING, the PERSON’S AUTHORITY FOR SEARCHING and the REASONS WHY THEY ARE CONDUCTING A SEARCH, UNLESS THERE ARE GOOD REASONS FOR NOT PROVIDING THIS INFORMATION.

Question 9

General principles applying to searches

Force used against property must be reasonable

Pg6)

Answer 9

ANY FORCE USED TO GAIN ENTRY to any place, vehicle or other thing for the purpose of carrying out your search always be REASONABLE IN THE CIRCUMSTANCES. (s131(3))

Question 10

General principles applying to searches

Search or seizure should be witnessed

Pg6)

Answer 10

Any search of a place, vehicle or other thing, or any removal or seizure of property during the search, SHOULD BE WITNESSED(IF PRACTICABLE) BY ANOTHER POLICE EMPLOYEE, ENFORCEMENT OFFICER from ANOTHER AGENCY or PERSON ASSISTING WITH THE SEARCH.

Question 11

General principles applying to searches.

Seized property must be documented

Pg7)

Answer 11

All property removed or seized from a place, vehicle and other thing MUST BE PROPERLY DOCUMENTED AND ACCOUNTED FOR.

Question 12

Warrantless powers to search places, vehicles and things

Unlawfully at large defined

Pg10)

“Unlawfully at large” means that the person:

Answer 12

•has an ARREST WARRANT (EXCLUDING FINES WRRANTS)
•has ESCAPED FROM PRISON or is ABSENT WITHOUT LEAVE
•has ESCAPED FROM LAWFUL CUSTODY,
e.g. POLICE CELLS or POLICE CAR
•is a SPECIAL OR RESTRICTED PATIENT and has ESCAPED OR FAILED TO RETURN FROM LEAVE
•is a CARE or SPECIAL CARE RECIPIENT (with an INTELLECTUAL DISABILLITY)AND HAS ESCAPED or FAILED TO RETURN FROM LEAVE
•is a YOUNG PERSON who is the subject of a Youth Court “SUPERVISION WITH RESIDENCE” order and they are ABSCONDING FROM CYF custody. (This definition is adapted from the definition in section 3 of the Act).

Question 13

Entry to avoid loss of offender or evidential material

If you have reasonable grounds to…

• SUSPECT that a PERSON has COMMITTED AN OFFENCE PUNISHABLE BY IMPRISONMENT and for which they MAY BE ARRESTED WITHOUT WARRANT, and
• BELIEVE that the PERSON IS IN A PLACE OR VEHICLE,
and
• BELIEVE that IF ENTRY NOT EFFECTED IMMEDIATELY, EITHER or BOTH OF THE FOLLOWING MAY OCCUR:
− the PERSON WILL LEAVE THE PLACE or
− VEHICLE TO AVOID ARREST
− EVIDENTIAL MATERIAL RELATING TO THE OFFENCE for which the person is to be arrested will be DESTROYED, CONCEALED, ALTERED OR DAMAGED

YOU MAY….

Answer 13

(S8)
• enter that place or vehicle without warrant, and
• search for and arrest the person you suspect has committed the offence.
Note: YOU MAY NOT SEARCH FOR EVIDENTIAL MATERIAL UNLESS AN ARREST IS MADE and A SEARCH INCIDENTAL TO THAT ARREST IS UNDERTAKEN UNDER sections 83-88.

Question 14

Emergency powers

Entry to prevent offence or respond to risk to life or safety

Pg11)

If you have REASONABLE GROUNDS TO…
SUSPECT, in relation to a PLACE OR VEHICLE:
• an OFFENCE IS BEING, or IS ABOUT TO BE COMMITTED, that would be LIKELY TO CAUSE INJURY TO ANY PERSON, or SERIOUS LOSS of or SERIOUS DAMAGE TO ANY PROPERTY,
or
• there is RISK TO LIFE THE LIFE OR SAFETY OF ANY PERSON THAT REQUIRES AN EMERGENCY RESPONSE

YOU MAY….

Answer 14

S14

• ENTER THE PLACE OR VEHICLE WITHOUT WARRANT,
and
• TAKE ANY ACTION YOU HAVE REASONABLE GROUNDS TO BE NECESSARY to:
− PREVENT the OFFENDING FROM BEING COMMITTED or
CONTINUING, or
− AVERT THE EMERGENCY

Question 15

Entry and search for evidential material (serious offences)

Entry and search of places to find and avoid loss of evidential material

IF YOU HAVE REASONABLE GROUNDS TO…
• SUSPECT an OFFENCE PUNISHABLE BY 14 YEARS IMPRISONMENT OR MORE HAS BEEN, IS BEING, OR IS ABOUT TO BE COMMITTED,

AND
• believe that:
− EVIDENTIAL MATERIAL RELATING TO THE OFFENCE IS in a
− place, and
− IF ENTRY IS DELAYED IN ORDER TO OBTAIN A SEARCH WARRANT, the EVIDENTIAL MATERIAL WILL BE DESTROYED, CONCEALED, ALTERED or DAMAGED

YOU MAY…

Answer 15

S15.

ENTER AND SEARCH THE PLACE WITHOUT A WARRANT.

Question 16

Searching people in public place for evidential material

IF you have REASONABLE GROUNDS TO…
BELIEVE that a PERSON IN A PUBLIC PLACE is N POSSESSION OF EVIDENTIAL MATERIAL RELATING TO AN OFFENCE PUNISHABLE 14 YEARS IMPRISONMENT OR MORE

YOU MAY…

Answer 16

S16.
SEARCH THAT PERSON WITHOUT A WARRANT.
(See Searching people).

Question 17

Entry and search of vehicles in a public place for evidential material

If you have REASONABLE GROUNDS TO…

BELIEVE THAT EVIDENTIAL MATERIAL RELATING TO AN OFFENCE PUNISHABLE BY 14 YEARS IMPRISONMENT OR MORE IS IN A VEHICLE IN A PUBLIC PLACE

YOU MAY…

Answer 17

S17.
ENTER AND SEARCH THAT VEHICLE WITHOUT A WARRANT.

NOTE: IF VEHICLE IS PARKED IN A PLACE OTHER THAN A PUBLIC PLACE, USE SECTION 15 to enter and search that vehicle.

Question 18

Arms in places or vehicles

If you have REASONABLE GROUNDS TO…

SUSPECT that there are ARMS IN ANY PLACE OR VEHICLE:
• in respect of which a CATEGORY 3 or 4 offence
(means an INDICTABLE OFFENCE until Criminal Procedure Act 2011 comes into effect) OR AN OFFENCE AGAINST THE ARMS ACT 1983 HAS BEEN, IS BEING, OR IS ABOUT TO BE COMMITTED,

OR

• that MAY BE EVIDENTIAL MATERIAL IN RELATION TO A CATEGORY 3 OR 4 OFFENCE OR AGAINST THE ARMS ACT 1983

YOU MAY…

Answer 18

S18(3)
WITHOUT A WARRANT:
*ENTER THE PLACE OR VEHICLE
*SEARCH IT
*SEIZE AND DETAIN ANY ARMS OR LICENCE under the ARMS ACT 1983

Question 19

Approval for arms-related searches of places and vehicles

Answer 19

UNLESS IMPRACTICABLE IN THE CIRCUMSTANCES,
OBTAIN APPROVAL FROM A
SERGEANT OR ABOVE
BEFORE EXERCISING ANY OF THE WARRANTLESS POWERS OUTLINED ABOVE IN RELATION TO ARMS.

Question 20

Searching vehicles for offensive weapons

If you have REASONABLE GROUNDS to…

SUSPECT that:
• a PERSON TRAVELLING IN A VEHICLE (OR WHO HAS ALIGHTED FROM IT) is committing an offence in a public place against section 202A(4)(a) of the Crimes Act 1961,

AND

• the VEHICLE CONTAINS A KNIFE, OFFENSIVE WEAPON, OR DISABLING SUBSTANCE

YOU MAY…

Answer 20

S28.

WITHOUT A WARRANT:
• SEARCH THE VEHICLE.

Question 21

Disabling substance

and

Offensive weapon

Definitions…

Answer 21

S26.
Disabling substance’ means any ANAESTHETISING
OR
OTHER SUBSTANCE PRODUCED TO USE
FOR DISABLING A PERSON,
or INTENDED FOR SUCH USE by the PERSON EHO HAS IT WITH THEM.

and

‘Offensive weapon’ means any article made or altered to use for causing bodily injury, or intended for such use by the person who has it with them.

Question 22

Warrantless search of vehicle for stolen property

Answer 22

S29.
If you have REASONABLE GROUNDS TO BELIEVE that ANY STOLEN PROPERTY is IN OR ON ANY VEHICLE, you may SEARCH THE VEHICLE WITHOUT WARRANT.

Note: This section is INTENDED TO ALLOW YOU TO SEARCH A VEHICLE IN A PUBLIC PLACE.
If the vehicle is ON PRIVATE PROPERTY YOU SHOULD SEEK A SEARCH WARRANT
or use an ALTERNATIVE WARRANTLESS POWER.

Question 23

Entry and search of places and vehicles incidental to arrest

If you have ARRESTED A PERSON FOR AN OFFENCE:
AND HAVE REASONABLE GROUNDS TO...
     
BELIEVE that:
• EVIDENTIAL MATERIAL RELATING TO THE OFFENCE IS AT A PLACE, and
• IF ENTRY IS DELAYED TO OBTAIN A WARRANT,
EVIDENTIAL MATERIAL WILL BE
-concealed, 
-altered, 
-damaged 
-or destroyed
(CADD)
 
YOU MAY...

Answer 23

S83.
ENTER THE PLACE TO SEARCH for EVIDENTIAL MATERIAL relating to the offence (WHETHER OR NOT THE PERSON WAS ARRESTED THERE) WITHOUT A WARRANT.

Question 24

Entry and search of vehicles after arrest

If you have ARRESTED A PERSON:

And have REASONABLE GROUNDS TO…

BELIEVE that EVIDENTIAL MATERIAL RELATING TO THE OFFENCE for which they were ARRESTED IS IN A VEHICLE

YOU MAY…

Answer 24

S84.

ENTER and SEARCH that VEHICLE WIHOUT WARRANT.

Question 25

Quick reference guide: warrantless use of powers notifications and reporting

(5 Steps)

1. Prior approval from Sgt.
2. POL1275
3. Record decision to use WARRANTLESS power notebook
4. Record use of power notification
5. Where applicable complete bully board notification to notify relevant groups about drugs, firearms, children etc.

Answer 25

1. Obtain prior approval from a sergeant or above where applicable (e.g. arms search under section 18).
2. Provide a written notice to the person present during execution of the warrantless power (POL1275) and an inventory if items seized. If no-one was present complete form POL1275, and leave in a prominent place.
3. Make a record of your decision to use a warrantless power and the reasons for it (i.e. reasonable grounds to suspect / reasonable grounds to believe) in your notebook.
4. Record the use of powers in the Search and Surveillance System for warrantless notifications.
5. Where applicable, complete a notification using the ‘Create Notification’ feature on the Microsoft Outlook Bulletin Board to notify relevant groups about drugs, firearms, children, etc

Question 26

Purposes for which consent search may be undertaken

YOU MAY ASK A PERSON TO CONSENT TO UNDERGO A SEARCH,
or
a search being made of a PLACE,
VEHICLE,
or
OTHER THING apparently IN THE PERSON’S CONTROL for one or more of these purposes:

Answer 26

S92.
• to PREVENT the COMMISSION OF AN OFFENCE
• to PROTECT LIFE or PROPERTY, or to PREVENT INJURY or HARM
• to INVESTIGATE WHETHER AN OFFENCE HAS BEEN COMMITTED
• ANY PURPOSE in respect of WHICH YOU COULD EXERCISE A POWER OF SEARCH CONFERRED BY AN ENACTMENT, if you held a particular belief or suspicion
specified in the enactment.

You MUST HAVE A REASON TO JUSTIFY asking a person to CONSENT SEARCH in any of the above situations.
You CANNOT RANDOMLY CONDUCT A CONSENT SEARCH and must not use a consent search to go on “a fishing expedition” to see what might be located.

Question 27

Advice that must be given before searching

Before conducting a search by consent, the officer who proposes to conduct it must:

Answer 27

S93.
• determine that the search is for a purpose listed in section 92 • ADVISE the person from whom consent is sought:
− of the REASON FOR PROPOSED SEARCH
−that they MAY CONSENT or REFUSE TO CONSENT TO THE SEARCH.

Question 28

Circumstances where search by consent is unlawful

A search by consent is unlawful if:

Answer 28

S94.
• it IS NOT FOR TH PURPOSE SET OUT IN section 92,
or
• you FAIL TO GIVE REQUIRED ADVICE set out in section 93,
or
• you undertake a SEARCH RELYING ON CONSENT GIVEN by a PERSON WHO DOES NOT HAVE AUTHORITY TO GIVE THAT CONSENT.

Question 29

Restrictions on persons under 14 years to consent

Answer 29

S95.
A PERSON UNDER 14 YEARS OF AGE CANNOT CONSENT to the SEARCH OF A PLACE, VEHICLE OR OTHER THING.
An EXCEPTION is when they are FOUND DRIVING A VEHICLE AND THERE IS NO PASSENGER of or OVER THE AGE OF 14 YEARS WITH AUTHORITY TO CONSENT TO THE VEHICLE’S SEARCH.
(s95)
Section 95 does not prevent a person under 14 years from consenting to a search of themselves or anything in their immediate possession or control.

Question 30

Exceptions to consent search rules

Consent search rules do not:

Answer 30

S96.
apply to a search conducted:
− as a CONDITION OF ENTRY to ANY PUBLIC or PRIVATE PLACE
(e.g. a condition of entry to a SPORTING FIXTURE or CONCERT), or
− in accordance with a power conferred by an enactment, or
affect the rule of law relating to the implied licence to enter property.

Question 31

Police actions authorised by search powers

Every search power (with or without a warrant) authorises you to:

Answer 31

Enter and search
Enter and search the place, vehicle, or other thing you are authorised to enter and search, and any item(s) found in that place, vehicle or other thing.
You can do this at any reasonable time.

Request assistance
Request assistance from any person with the entry and search (including a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi).

Use reasonable force in respect of property only
Use reasonable force on property only to carry out the search and lawful seizure.
Note: This power does not authorise the application of force to any person (s115(3)). The use of force against a person for the purpose of search is covered by section 125.

Seize
Seize anything that is the subject of the search or anything else that may be lawfully seized.
Bring and use equipment
Bring and use any equipment or use any equipment found on the place, vehicle or other thing.
You may also use electricity from the place, vehicle, or other thing to operate equipment that it is reasonable to use in the circumstances for the entry and search.

Bring and use dog
Bring and use a trained law enforcement dog and its handler in or on the place, vehicle, or other thing being searched.

Copy documents
Copy any document, or part of a document, that may lawfully be seized.

Access a computer system or other data storage device
Use reasonable measures to access a computer system or other data storage device located (wholly or in part) at the place, vehicle or other thing if any intangible material that is the subject of the search may be in that computer system or device.

Copy intangible material
Copy intangible material accessed as above or which may otherwise be lawfully seized. This includes previewing, cloning, or using other forensic methods before or after removal for examination. See ‘Accessing and seizing computer material’ in this chapter for more information.

Take photographs, and recordings
Take photographs, sound and video recordings, and drawings of the place, vehicle, or other thing being searched and anything found there, if you have reasonable grounds to believe they may be relevant to the purposes of the entry and search.

Question 32

Limitation on exercising search powers

The search powers listed above are subject to:

Answer 32

S115.
• any CONDITIONS IMPOSED by an ISSUING OFFICER when issuing a search warrant
• the PRIVILEGE AND CONFIDENTIALITY PROVISIONS in the Act. (s115)
They are also subject the requirements of “reasonableness” under section 21 New Zealand Bill of Rights Act 1990.

Question 33

Using assistants during searches

If you call on a person to assist you to exercise a search power, or a person has been required to assist you as a condition of a warrant, they are subject to your control and the overall responsibility for exercising the power rests with you.

YOU MUST, (UNLESS they are ANOTHER CONSTABLE):

Answer 33

S113.
• ACCOMPANY THEM WHEN THEY FIRST ENTER the place, vehicle, or other thing to be searched,
and
• provide REASONABLE SUPERVISION of them.

Powers of persons called to assist
Any person called to assist you exercise a search power MAY ENTER THE PLACE, VEHICLE OR OTHER THING SEARCHED, but CAN ONLY EXERCISE this and other powers listed in the table above as DIRECTED BY YOU.
For example, an assistant can only search places you determine are lawful to search, take photographs, or bring in and use equipment or electricity that you determine may lawfully be taken or used.

Question 34

Special powers when an application for search warrant is pending

Power to secure scenes

If a SEARCH WARRANT APPLICATION is ABOUT TO BE MADE in relation to a place, vehicle or thing, or HAS BEEN MADE BUT NOT YET GRANTED OR REFUSED BY AN ISSUING OFFICER by an officer:

IF YOU…

BELIEVE THAT EVIDENTIAL MATERIAL MAY BE DESTROYED, CONCEALED, ALTERD, DAMAGED OR REMOVED
BEFORE A DECISION IS TAKEN
to GRANT OR REFUSE the ISSUE OF SEARCH WARRANT…

YOU MAY…

Answer 34

S117.
AT ANY TIME REASONABLE IN THE CIRCUMSTANCES:
• ENTER and SECURE the PLACE, VEHICLE, or
OTHER THING,
and
• SECURE ANY ITEM(S)found there,
and
• DIRECT ANY PERSON TO ASSIST WITH the
ENTRY and SECURING of the place, vehicle or other thing, or the securing of items in it

You may only exercise these special powers until the first of the following occurs:
• the EXPIRY OF SIX HOURS FROM WHEN POWER IS FIRST EXERCISED
• the WARRANT IS AVAILABLE FOR EXECUTION at that place or vehicle or in
respect of that other thing
• the APPLICATION for a SEARCH WARRANT IS REFUSED.

Question 35

Powers of detention incidental to searches of places and vehicles

If you are exercising a search power in relation to a place or vehicle, you (or a person assisting you) may detain any person to determine whether there is a connection between them and the object of the search if the person:

Answer 35

S118.
• was there at the START OF THE SEARCH,
or
• ARRIVES AT THE PLACE
OR STOPS AT,
OR ENTERS,
OR TRIES TO ENTER, THE VEHICLE
WHILE the SEARCH is BEING CARRIED OUT.
Y,OU MAY USE REASONABLE FORCE (e.g. HANDCUFFING) TO EFFECT AND CONTINUE THE DETENTION.

The detention:
• may be for ANY REASONABLE PERIOD BUT NO LONGER THAN DURATION OF THE SEARCH
• STARTS WHEN YOU DIRECT the PERSON TO REMAIN and ENDS WHEN YOU TELL THEM they are free to go.

Note: As soon as you have detained a person under section 118, you MUST TAKE ACTIVE STEPS TO DETERMINE WHETHER THERE IS A CONNECTION BETWEEN THEM AND THE SARCH.
The detention can only be for the shortest period practicable in the circumstances for determining whether there is a connection. You CAN NOT simply DETAIN THE PERSON FOR THE DURATION OF THE SEARCH the person for the duration of the search and THEN ON COMPLETION, CONSIDER THE MATTER OF CONNECTION.

Question 36

Powers to search persons at a place or vehicle

If you are searching a place or vehicle, you may:

search any person…

• found at the place or in or on the vehicle,
or
• who arrives at the place, or
• who stops at, or enters, or tries to enter or get into or onto the vehicle

if you have reasonable grounds to …

Answer 36

S119.
• BELIEVE THAT EVIDENTIAL MATERIAL THAT IS THE OBJECT OF THE SEARCH IS ON THE PERSON,
or
• SUSPECT the PERSON IS IN POSSESSION of a DANGEROUS ITEM THAT POSES A THREAT TO SAFETY
and you BELIEVE THAT IMMEDIATE ACTION IS NEEDED TO ADDRESS THAT THREAT.

Exception: AN EXCEPTION to the above is when the SEARCH of the place or vehicle IS FOR DRUGS. In that case, you CAN SEARCH ANY PERSON AT THE SCENE AS A MATTER OF COURSE under section 19 or 21.

Note: IF YOU SEIZE ANY ITEM POSING A THREAT TO SAFETY,
then it MUST, UNLESS POSSESSION CONSTITUTES AN OFFENCE,
BE RETURNED TO THE PERSON:
• ONCE YOUR SEARCH HAS BEEN COMPLETED,
or
• when you are SATISFIED there is NO LONGER ANY THREAT TO SAFETY.

Question 37

Powers of search when suspect pursue

If you intend to search a person or vehicle, but that person or vehicle leaves before you are able to start or complete the search:

YOU MAY…
• apprehend the person or
• enter any place to apprehend the person or vehicle

IF YOU HAVE…

Answer 37

S120.
• been FRESHLY PURSUING the PERSON FROM THE INTENDED SEARCH LOCATION UNTIL APPREHENDED,
and
• you have REASONABLE GROUNDS TO BELIEVE THAT RELEVANT EVIDENTIAL MATERIAL IS STILL ON THE PERSON
OR IN OR ON THE VEHICLE.

Note: You can effect the apprehension or undertake the search ONLY if you are the officer in fresh pursuit, UNLESS you are acting as that officer’s assistant under section 113 and under their direct supervision and control.

Question 38

Powers of entry

EVERY SEARCH POWER AUTHORISES the person exercising it, to…

Answer 38

S110.
ENTER AND SEARCH the PLACE, VEHICLE or OTHER THING they are authorised to enter and search, and any item(s) found in that place, vehicle or thing, at any reasonable time.

Question 39

Search warrants to enter and search vehicles

If a SEARCH WARRANT AUTHORISES the SEARCH AND ENTRY OF A VEHICLE, YOU MAY…

Answer 39

S127.

ENTER ANY PLACE where you have REASONABLE GROUNDS TO BELIEVE the vehicle is to LOCATE AND SEARCH IT.