Items of uncertain status or in plain view

Question 1

What Powers are available when dealing with items you may find in a lawful search?

Answer 1

• removal of items of uncertain status in certain circumstances (section 112)
• seizure of items in plain view (section 123)

Question 2

Discuss when items of uncertain status may be seized.

Answer 2

If you are:
- exercising a search power or

• carrying out a lawful search of a person or
• Lawfully in a place or vehicle

it is not reasonably practicable to determine whether any item can be lawfully seized you may:

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

Question 3

Discuss seizure of items in plain view, Section 123.

Answer 3

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

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

Applies to enforcement officer who, as part of their duties:

• Exercises a search power
• Is lawfully in any place or in or on a vehicle
• Is conducting a lawful search of a person