Search powers

Question 1

LEPRA s31

Answer 1

Strip searches

1) police station, reasonable grounds to believe a strip search is necessary.
2) Any other place, Resonable grounds to believe a strip search is necessary and that the seriousness and urgency makes the strip search necessary.

Question 2

LEPRA s21

Answer 2

Power to search person and seize and detain things without warrant.

• anything STOLEN or otherwise unlawfully obtained
• Anything used or intended to be used in or in connection with the commission of a RELEVANT offence
• DANGEROUS ARTICLE that is being used in or in connection with the commission of a RELEVANT offence
• prohibited plant or a prohibited drug

Question 3

LEPRA s27

Answer 3

Power to carry out search on arrest.

PO may search if PO suspects on reasonable grounds the person is carrying anything that:

• present a danger to anyone
• assist that person escape
• used or related in commission of an offence
• thing that will provide evidence of the commission of an offence.

Question 4

LEPRA s32

Answer 4

Preservation of privacy and dignity during search.

Police must inform the person being searched whether the person will be required to remove clothing and
why it will be necessary to remove clothing.

• Ask for cooperation.
• Must provide reasonable privacy
• As quick as reasonably possible.
• Least invasive kind of search.
• Not search genital area unless reasonably necessary to do so.
• Conducted by an officer of the same sex.

Question 5

LEPRA s34A

Answer 5

Searches carried out with consent.

Question 6

LEPRA s23

Answer 6

Power to search for dangerous implement without warrant in public places and schools.

1) PO suspects on reasonable grounds the person has a DANGEROUS IMPLEMENT.
2) Police may search lockers and personal effect inside locker
4) Police must allow student to nominate an adult who is on school premises to be present during the search.

Question 7

LEPRA s30

Answer 7

Searches Generally

• quick run down with hands over the persons clothes
• require subject to remove certain articles of clothing
• examine anything in the possession of the person.

Question 8

LEPRA s28A

Answer 8

Power to carry out search of person in lawful custody after arrest.

1) Police may seize and detain anything found on that search
2) Search may be carried out at any place of detention or immeidiately before or during transport of the person.

No resonable suspicion is required

Question 9

LEPRA s28

Answer 9

Ancillary power to search persons

open mouth
shake hair.

Question 10

LEPRA s36

Answer 10

Power to search vehicles and seize and detain things without warrant

Question 11

LEPRA s208

Answer 11

Searching detained person (intoxicated)

-May take possession of any personal belongings found in the search