LLA: Arrest /Search and Seizure Authorities

Question 1

Intoxication in Public Place or Common area

(3-part Test)

S.35 (5) LLA

Answer 1

1. Intoxicated by alcohol, AND
2. Is in a public place or common area, AND
3. Arrest is necessary for the safety of any person (themselves or others)

Question 2

Fail to Identify (2-part test)

S.48 LLA

Finds Committing

Answer 2

1. Finds a person apparently in contravention of this act AND
2. Refuses to give his or her name and address OR reasonable grounds to believe that the name or address given is false

Question 3

Unlawful possession / Consumption S.31 (2) LLA

Answer 3

No person shall have or consume liquor in any place other than a

1. Residence
2. Premises with a licence or permit issued
3. Private place

Question 4

Unlawful conveyance S.32 (1) LLA

Answer 4

No person shall: Drive or have the care or control

• motor vehicle or motorized snow vehicle
• whether it is in motion or not
• while there is contained in the vehicle any liquor
  
  • except under the authority of a licence or permit Except S.32(2)
  • container that is unopened and the seal unbroken or
  • is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle

Question 5

Unlawful Conveyance S.32 (3) LLA

Answer 5

Boat/Vessel No person shall

• operate or have care or control of boat
• that is underway
• while there is contained in the boat any liquor
• Except under authority of a licence or permit

Question 6

Define Underway

Answer 6

Not tied to the dock or land, at anchor or aground. Does not require the motor to be running

• drifting is still underway

Question 7

Boat Exemption S.32(4) LLA

Answer 7

Does not apply if the liquor in the boat is

• In a container that is unopened and the seal unbroken or
• Is stored in a closed compartment

Question 8

SEARCH

S.32 (5) LLA

Answer 8

Police Officers who has reasonable grounds to believe

• that liquor is being unlawfully kept
• in a motor vehicle or boat
• may at any time, without warrant
• Enter and search
  
  • the motor vehicle or boat and
  • any person found IN it

Question 9

SEIZURE

S.47 (1) LLA

Answer 9

Police Officer may seize any thing, including liquor, if

1. Evidence of the offence
2. Reasonably believes that,
   
   • Used in connection with an offence under LLA, AND
   • Unless it is seized would continue to be used again in an offence
3. Includes proceeds of an offence