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CRIMES ACT 1914 SECT 3T
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.
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