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CRIMINAL INVESTIGATION ACT 2006 - SECT 68

CRIMINAL INVESTIGATION ACT 2006 - SECT 68

68 .         Searching people for things relevant to offences

        (1)         If an officer reasonably suspects that a person has in his or her possession or under his or her control any thing relevant to an offence, the officer —

            (a)         may do a basic search or a strip search of the person; and

            (b)         may, subject to section 146, seize any thing relevant to an offence that the officer finds, whether or not it is a thing that the officer suspected was in the possession or under the control of the person; and

            (c)         whether or not the officer seizes the thing, may do a forensic examination on it.

        (2)         For the purposes of exercising the powers in subsection (1), the officer may enter any place where the person to be searched is reasonably suspected by the officer to be and search it for the person, but may not enter —

            (a)         a dwelling; or

            (b)         the area associated with a dwelling, unless the officer reasonably suspects that the person —

                  (i)         is in that area; and

                  (ii)         does not reside in the dwelling; and

                  (iii)         does not have the express or implied permission of a person who does reside in the dwelling to be in that area.

        (3)         For the purposes of exercising the powers in subsection (1), the officer may stop and enter a vehicle in which the person to be searched is reasonably suspected by the officer to be and search it for the person.

        (4)         The powers in subsection (3) may be exercised by an officer in the area associated with a dwelling but only if the officer reasonably suspects that —

            (a)         the person in charge of the vehicle does not reside in the dwelling; and

            (b)         the vehicle is not in that area with the express or implied permission of a person who does reside in the dwelling.

        (5)         A power in this section to search a place or vehicle is limited to searching the place or vehicle for the person to be searched.