Items of Uncertain Status

Question 1

In relation to items of uncertain status, what is the power that allows you to deal with it?

Answer 1

To remove the item in certain circumstances under section 112

Question 2

What is the power for i plain view?

Answer 2

Section 121 to seize items in plain veiw.

Question 3

Section 112

On what circumstances can you remove an item under section 112

Answer 3

If it is not reasonably practicable to determine whether any item can be lawfully seized, you may exercise section 112

• remove items for examination or analysis off-site to determine if you can seize them lawfully.

Of note any item you want to remove must be within the scope of the original search.

Example

• drugs that require analysis at a lab
• large amounts of documents that may contain evidential material and it is not practicable to sort them on site.

Question 4

What is Section 123?

Answer 4

Seize an item in plain view when you are searching if:

You have RGTB that you could seize it with a warrant or other search power.