Items of Uncertain Status or in Plain View

Question 1

– If you carrying out a lawful search, and it is not reasonably practicable to determine whether an item can be seized, what can you do?

Answer 1

– Remove items for examination or analysis OFF-SITE to determine if you can seize lawfully

Question 2

– Give two examples that may require you to remove items to be examined or analysed off-site?

Answer 2

• Drugs that require analysis at a laboratory

- Large amounts of documents that may contain evidential material and it is not practicable to sort them on-site

Question 3

Under what conditions can you exercise section 112 and Section 123 of the Search and Surveillance act?

Answer 3

• Exercising a search power
• Carrying out a lawful search of a person
• Lawfully in a place or vehicle.

Question 4

You may seize any item you find in plain view when you are searching or that you observe, if what?

Answer 4

You have RGTB that you could have seized the item under a search warrant or other search power.