Western Australian Current Acts

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24 .         Granting of search warrants in connection with prevention or detection of offences

        (1)         A justice of the peace who is satisfied by information on oath that there are reasonable grounds to suspect that any thing referred to in section 23(1)(a), (b) or (c) may be in or on any vehicle, or in or on any premises or other place, may grant to a police officer a search warrant authorising a police officer at any time or times within 30 days from the date of that search warrant to enter any vehicle, or any premises or other place, named in that search warrant and, subject to this section, to search that vehicle or those premises or that other place and any person and any baggage, package or other thing of any kind whatsoever found therein or thereon, using such force as is reasonably necessary and with such assistance as the police officer considers necessary.

        (2)         A person shall not be searched under a search warrant except by —

            (a)         a person of the same sex as the firstmentioned person; or

            (b)         a medical practitioner.

        (3)         A police officer who wishes to search a person under a search warrant may, if it is not then and there practicable to comply with subsection (2) in relation to the person —

            (a)         detain the person until; or

            (b)         detain the person and convey him to a place where,

                it is practicable for that subsection to be complied with in relation to the person.

        (4)         A person shall not be detained, or detained and conveyed, under subsection (3) for longer than is reasonably necessary under the circumstances for the purpose of complying with subsection (2) in relation to the person.

        [Section 24 amended: No. 50 of 1990 s. 7.]

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