Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES ACT 1914 - SECT 3T

Searches without warrant in emergency situations

             (1)  This section applies if a constable suspects, on reasonable grounds, that:

                     (a)  a thing relevant to an indictable offence is in or on a conveyance; and

                     (b)  it is necessary to exercise a power under subsection (2) in order to prevent the thing from being concealed, lost or destroyed; and

                     (c)  it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent.

             (2)  The constable may:

                     (a)  stop and detain the conveyance; and

                     (b)  search the conveyance and any container in or on the conveyance, for the thing; and

                     (c)  seize the thing if he or she finds it there.

             (3)  If, in the course of searching for the thing, the constable finds another thing relevant to an indictable offence or a thing relevant to a summary offence, the constable may seize that thing if he or she suspects, on reasonable grounds, that:

                     (a)  it is necessary to seize it in order to prevent its concealment, loss or destruction; and

                     (b)  it is necessary to seize it without the authority of a search warrant because the circumstances are serious and urgent.

             (4)  The constable must exercise his or her powers subject to section 3U.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback