CONTROL OF WEAPONS ACT 1990 - SECT 10 Search without a warrant
CONTROL OF WEAPONS ACT 1990 - SECT 10
Search without a warrantS. 10(1) amended by No. 37/2014 s. 10(Sch. item 28.5(a)(ii)).
(1) If—
S. 10(1)(a) amended by No. 37/2014 s. 10(Sch. item 28.5(a)(i)).
(a) a police officer has reasonable grounds for suspecting that a person is carrying or has in his or her possession in a public place a weapon contrary to this Act; and
S. 10(1)(b) amended by No. 37/2014 s. 10(Sch. item 28.5(a)(ii)).
(b) the police officer informs the person of the grounds for his or her suspicion; and
S. 10(1)(c) amended by No. 37/2014 s. 10(Sch. item 28.5(a)(ii)).
(c) the police officer complies with subsection (3)—
the police officer may, without a warrant—
(d) search the person and any vehicle or thing in his or her possession or under his or her control for the weapon; and
S. 10(1)(e) amended by No. 37/2014 s. 10(Sch. item 28.5(a)(ii)).
(e) seize and detain any item detected during the search that the police officer reasonably suspects is a weapon.
(2) For the purposes of subsection (1)(a), the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds for suspecting that the person is carrying a weapon or has a weapon in his or her possession.
S. 10(3) amended by No. 37/2014 s. 10(Sch. item 28.5(b)(i)(ii)).
(3) Before a police officer commences a search of a person under subsection (1), the police officer must—
S. 10(3)(a) amended by No. 37/2014 s. 10(Sch. item 28.5(b)(iii)).
(a) inform the person of the police officer's name, rank and place of duty; and
(b) if requested by the person, provide the information referred to in paragraph (a) in writing; and
S. 10(3)(c) amended by No. 37/2014 s. 10(Sch. item 28.5(b)(ii)).
(c) produce his or her identification for inspection by the person, unless the police officer is in uniform; and
S. 10(3)(d) amended by No. 37/2014 s. 10(Sch. item 28.5(b)(ii)).
(d) inform the person that the police officer intends to search the person or the vehicle or thing (as the case requires) for weapons and is empowered to do so under this Act.
(4) Schedule 1 applies to the search of a person or thing under this section.
S. 10(5) amended by No. 37/2014 s. 10(Sch. item 28.5(c)).
(5) A police officer must conduct the least invasive search that is practicable in the circumstances.
S. 10(6) amended by No. 37/2014 s. 10(Sch. item 28.5(c)).
(6) A police officer may detain a person for so long as is reasonably necessary to conduct a search under this section.
(7) In this section, "weapon" means—
(a) a prohibited weapon; or
(b) a controlled weapon; or
(c) a dangerous article.
S. 10AA inserted by No. 43/2011 s. 10.