LLA arrest/seizure powers

Question 1

What does section 32(5) relate to in LLA?

Answer 1

s. 32(5) LLA – SEARCH (WHAT MADE YOU HAVE GROUNDS? WRITE IN NOTES!)
Police officer who has reasonable grounds to believe That liquor is being unlawfully kept
In a motor vehicle or boat
May at any time, without a warrant
Enter and search
The motor vehicle or boat and
Any person found IN it

Question 2

What search authority do you have under LLA?

Answer 2

s. 32(5) LLA – SEARCH (WHAT MADE YOU HAVE GROUNDS? WRITE IN NOTES!)
Police officer who has reasonable grounds to believe That liquor is being unlawfully kept
In a motor vehicle or boat
May at any time, without a warrant
Enter and search
The motor vehicle or boat and
Any person found IN it

Question 3

What must a police officer have to conduct a search? and where can a police officer search?

Answer 3

Police officer who has reasonable grounds to believe That liquor is being unlawfully kept
In a motor vehicle or boat
May at any time, without a warrant
Enter and search
The motor vehicle or boat and
Any person found IN it

Question 4

TWO arrest authorities under LLA

Answer 4

• MUST FINDS COMMITTING* s. 35 (5) LLA - Intoxication in Public place or Common area (3 Part Test)
  1. Intoxicated by alcohol, AND
  2. Is in a public place or common are, AND
  3. Arrest is necessary for the safety of any person

AND

. 48 LLA - Fail to Identify (2 Part Test)
1. Finds a person apparently in contravention of this Act,
AND
2. Fails to give his or her name and address OR on reasonable grounds to believe

Question 5

What seizure powers do police have under LLA?

Answer 5

s.47(1) LLA – SEIZURE
o Police officer may seize any thing, including liquor, if:
• Evidence of an offence
• Reasonably believes that,
o Used in connection with an offence under LLA, AND
o Unless it is seized would continue to be used or used again
in an offence
• Includes proceeds of an offence

Question 6

What does section 47(1) of the LLA deal with?

Answer 6

o Police officer may seize any thing, including liquor, if:
• Evidence of an offence
• Reasonably believes that,
o Used in connection with an offence under LLA, AND
o Unless it is seized would continue to be used or used again
in an offence
• Includes proceeds of an offence