Australian Capital Territory Current Acts

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DRUGS OF DEPENDENCE ACT 1989 - SECT 188

Searches in emergencies

    (1)     A police officer may only exercise a power under this section if the police officer believes, on reasonable grounds—

        (a)     that it is necessary to do so to prevent the concealment, loss or destruction of any thing connected with an offence; and

        (b)     that the circumstances are of such seriousness and urgency as to require the immediate exercise of the power without the authority of a warrant issued under section 187 or of an order of a court.

    (2)     A police officer may—

        (a)     search a person or the clothing that is being worn by, and property in the apparent control of, a person suspected by the police officer to be carrying any thing connected with an offence; or

        (b)     enter any place at or in which the police officer believes on reasonable grounds that any thing connected with an offence is situated; and

        (c)     seize any such thing that he or she finds in the course of that search, or at or in the place.

    (3)     A police officer who believes on reasonable grounds that a person is, without lawful authority or reasonable excuse, carrying any thing connected with an offence may, for this section, detain that person.

    (4)     A police officer who believes on reasonable grounds that any thing connected with an offence is on or in a vehicle, vessel or aircraft may, for this section, stop that vehicle, vessel or aircraft.



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