SW - Items of Uncertain Status or In Plain View

Question 1

Items of uncertain status & items in plain view - what sections are they both and what does it cover?

Answer 1

Section 112
- Removal of items of uncertain status in certain circumstances

Section 123
- Seizure of items in plain view

Question 2

Items of Uncertain Status - what can it be?

Answer 2

• Remove items for examination or analysis off-site to determine if you can seize them lawfully.

ex)
a) Drugs that require analysis at the lab.
b) Large amounts of documents that may contain evidential material and it is not practicable to sort them out on site.

Question 3

Items in Plain View - what can it be?

Answer 3

• If you have RGTB that you could have seized the items under the SW or other search power.

ex)
a) Searching for a person under Section 8 and open a wardrobe and find a bag of cannabis. A bag is in plain view, you may seize it under Section 123.

b) Attend a 5F and see distinctive items that you have RGTB that it may be stolen, can seize as it is in plain view under Section 123

c) Searching a house for meth and see serval iPhones in plain view. You query the serial numbers and they come back as stolen. Can seize iPhones as you have RGTB that they could have been seized under a SW or other search power.