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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 82 Search without warrant

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 82

Search without warrant

    (1)     Where a police officer has reasonable grounds for suspecting that—

        (a)     on or in a vehicle in or upon a public place;

        (b)     on an animal in a public place;

        (c)     in the possession of a person in a public place;

        (d)     on or in a boat or vessel, underway or not; or

        (e)     on or in an aircraft—

there is a drug of dependence in respect of which an offence has been committed or is reasonably suspected to have been committed under a provision of Part V, the police officer may with such assistance as he thinks necessary—

S. 82(1)(f) amended by No. 40/2017 s. 14(1).

        (f)     search the vehicle, animal, person, boat, vessel or aircraft;

        (g)     seize and carry away any instrument device or substance which he reasonably believes to be used or capable of being used for or in the manufacture, sale, preparation for manufacture, preparation for sale, or use of any drug of dependence;

        (h)     seize and carry away the drug of dependence—

and deal with it according to law.

S. 82(2) inserted by No. 40/2017 s. 14(2).

    (2)     If a police officer has reasonable grounds for suspecting that there is a psychoactive substance

        (a)     on or in a vehicle in a public place; or

        (b)     on an animal in a public place; or

        (c)     in the possession of a person in a public place; or

        (d)     on or in a boat or vessel, underway or not; or

        (e)     on or in an aircraft—

the police officer may with any assistance that the police officer thinks necessary do any of the following—

        (f)     search the vehicle, animal, person, boat, vessel or aircraft;

        (g)     seize and carry away any instrument, device or substance which the police officer reasonably believes to be used or capable of being used for or in the production, sale, commercial supply or preparation for sale or commercial supply of any psychoactive substance;

        (h)     seize and carry away the psychoactive substance

and deal with it according to law.

S. 82A inserted by No. 45/2017 s. 18.