Powers

Question 1

S116 power to exclude

Answer 1

If search is impeded by any person or RGTB they would obstruct or hinder search:
Exclude that person from the place vehicle or thing being searched for any area in or on the place or vehicle
Give any reasonable direction to that person

Question 2

S118 power to detain

Answer 2

You may detain people when searching places and vehicles for the purpose of determining whether there is any connection between a person at the place or in or on the vehicle in the object of the search

Question 3

S119 searching people in places

Answer 3

You can search people found when searching places and vehicles if you have reasonable grounds to believe that evidential material that is the object of the search is on that person or
If you have reasonable grounds to suspect that the person is in possession of a dangerous item that poses a threat to safety and you believe that Immediate Action is needed to address that threat

Question 4

S120 fresh pursuit

Answer 4

If you are in fresh Pursuit and with reasonable grounds to believe that relevant evidential material is still on the person you have the power to enter any place to apprehend the person and search the person or vehicle

Question 5

S125

Answer 5

You may cease any item that the person is wearing carrying or is in their immediate position if that is the item you are searching for

You may also sees any item that may be lawfully seized even if it was not the subject of the search

Question 6

S117

Answer 6

If a search warrant application is about to be made or has been made and you are waiting to hear if it has been authorised and you have RGTB that evidential material maybe CADD or removed before the search warrant can be issued, you may
Enter and secure a place veh or thing
Secure any item found there
Direct any person to assist with entry and securing place veh or things

Authorises securing address, not search.
Expiry of 6 hrs from when power is executed
Warrant is available for execution at that place vehicle or thing
The warrant is refused

Question 7

S121 stopping vehicle

Answer 7

May stop a vehicle if you have authority to search the vehicle by
Executing sw
Using warrantless power

Question 8

Items of uncertain status s112

Answer 8

If carrying out lawful search and not practical to determine whether any item can be lawfully seized, you may remove items for examination or analysis offsite to determine if you can seize them lawfully.

Any item you want to remove must be within the scope of the original search

If you are
Executing search power
Carrying out a lawful search of a person
Lawfully in a place or vehicle

Question 9

Items in plain view s123

Answer 9

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 search warrant or other power.