Search Warrants - Drugs, Vehicles, Uncertain Status & Plain View

Question 1

Outline S19

Answer 1

S19 allows you to search any person found in the place or vehicle while executing a search warrant for drugs.

Question 2

In relation to S19, what are your obligations under S125?

Answer 2

1. Identify yourself by name or unique number
2. Advise the person of the enactment under which the search is taking place and the reason for the search, unless it is impracticable to do so.
3. Produce evidence of identity if not in uniform.

Question 3

When you exercise a power to search a person you may:

Answer 3

Detain the person to enable the search to be carried out (for as long as is reasonably necessary)
Use force that is reasonable for the purposes of the search
Search any item that the person is wearing, carrying or is in the person’s physical possession or immediate control
Seize anything carried by or in their physical possession or immediate control if the thing is the subject of the search or may be lawfully seized

Question 4

What section allows you to stop a vehicle it you intend to search it?

Answer 4

S121

Question 5

When may you use S121?

Answer 5

To stop a vehicle if you have authority to search the vehicle by:
Executing a search warrant, or
Using a warrantless power

Question 6

What does S127 allow you to do?

Answer 6

S127 allows you to enter any place:
To locate the vehicle to execute the search warrant if
You have RGTB that the vehicle is there

Question 7

What section relates to items of uncertain status?

Answer 7

S112

Question 8

What does S112 allow you to do?

Answer 8

If you are carrying out a lawful search and it is not reasonably practicable to determine whether any item can be lawfully seized you may:
Remove items for examination or analysis off-site to determine if you can seize them lawfully

Question 9

Any item you remove

Answer 9

Must be within the scope of the original search

Question 10

When does S112 apply?

Answer 10

Exercising a search power or
Carrying out a lawful search of a person or
Lawfully in a place or vehicle

Question 11

What section relates to items in plain view?

Answer 11

S123

Question 12

What does S123 allow you to do?

Answer 12

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 search power