Miscellaneous

Question 1

Section 112 (Items of uncertain status)

Answer 1

You may remove any items for analysis or examination to determine whether they may be lawfully seized if
you are exercising a search power and you are uncertain whether an item may be lawfully seized. It also
mustn’t be reasonable to determine whether it can be lawfully seized at the location of the search.

Question 2

Section 116 (securing a scene)

Answer 2

If you are performing a search under a power in a place, vehicle or other thing then you may secure that
place, vehicle or other thing as well as any area or any thing within. You may also exclude people from the
place, vehicle or other thing if you believe they will obstruct you or hinder you in any way as well as give
reasonable direction to such a person. You may only do these things for a reasonable duration.

Question 3

Section 117 (securing a scene for a warrant)

Answer 3

If you are about to apply for a search warrant to search a place or vehicle, or an application has been made
but not yet granted, then you may enter and secure that place or vehicle for up to six hours. You must have
reasonable grounds to believe that evidential material will be concealed, altered, damaged or destroyed.
The place or vehicle may be secured for up to six hours, or until the warrant is available for execution or it is
refused.
This power does not allow you to search, it only allows you to enter and secure.

Question 4

Section 123 (Items in plain view)

Answer 4

You may seize any items you find in the course of carrying out a search or as a result of observations at that
place or in that vehicle if you are exercising a search power, conducting a lawful search of a person or a
lawfully in a place or vehicle. You must also reasonably believe that you could have seized the item under
any search warrant you could have obtained or any search power you may exercise.