Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 33

33 Searching public places without warrant

(1) It is lawful for a police officer to exercise the following powers in a public place without a search warrant—

(a) power to enter the public place and to stay on it for the time reasonably necessary to exercise powers mentioned in paragraphs (b) to (f) ;

(b) power to search the public place for anything that may be evidence of the commission of an offence;

(c) power to seize a thing found at the public place, or on a person found at the public place, that a police officer reasonably suspects may be evidence of the commission of an offence;

(d) power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence;

(e) power to dig up land;

(f) power to open anything that is locked.

(2) However, if this section applies to a place because it is a public place while it is ordinarily open to the public, the police officer may search the place only—

(a) with the consent of the occupier of the place; or

(b) under a search warrant; or

(c) under chapter 7 , part 2 .

(3) If the occupier consents, the police officer may exercise search warrant powers at the place.