Northern Territory Consolidated Acts

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

MISUSE OF DRUGS ACT 1990 - SECT 11R

Search of drug premises without warrant

    (1)     A police officer may, without a warrant:

        (a)     enter into or upon and search drug premises on or in which the officer believes, on reasonable grounds, that any object connected with an offence against this Act is situated; and

        (b)     search the person of, the clothing that is being worn by, and property in the immediate control of, a person on drug premises who is reasonably suspected by the officer to be carrying anything connected with an offence against this Act.

    (2)     A police officer may seize any object found by the officer on the premises or a person in the course of a search under subsection (1) if the officer believes on reasonable grounds that the object is connected with an offence against this Act and it is necessary to do so in order to prevent the loss or destruction of the object.

    (3)     The power to search conferred under subsection (1) authorises a police officer:

        (a)     to use the reasonable force necessary to break into, enter and search the drug premises; and

        (b)     to use the reasonable force necessary to open any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, found on or in the drug premises; and

        (c)     to use the reasonable force necessary to carry out a search of a person under subsection (1)(b).

    (4)     A search of a female person under subsection (1)(b) must be carried out only:

        (a)     by a female police officer; or

        (b)     by a medical practitioner authorised by a police officer to carry out the search; or

        (c)     if there is neither a female police officer nor a medical practitioner available – by a female person authorised by a police officer to carry out the search.

    (5)     If a medical practitioner or a female person is authorised under subsection (4) to carry out a search of a female person, the medical practitioner or female person carrying out the search has, for the purposes of that search, the same powers, and is subject to the same protection, as a police officer.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback