New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 27

27 Power to carry out search on arrest

(cf Cth Act, s 3ZE, common law)

(1) A police officer who arrests a person for an offence or under a warrant, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything--

(a) that would present a danger to a person, or

(b) that could be used to assist a person to escape from lawful custody, or

(c) that is a thing with respect to which an offence has been committed, or

(d) that is a thing that will provide evidence of the commission of an offence, or

(e) that was used, or is intended to be used, in or in connection with the commission of an offence.

(2) A police officer who arrests a person for the purpose of taking the person into lawful custody, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything--

(a) that would present a danger to a person, or

(b) that could be used to assist a person to escape from lawful custody.

(3) A police officer may seize and detain a thing found in a search if it is a thing of a kind referred to in subsection (1) or (2).

(4) Nothing in this section limits section 28A.