SURVEILLANCE DEVICES ACT 1998 - SECT 36

SURVEILLANCE DEVICES ACT 1998 - SECT 36

36 .         Power to search

        (1)         If a member of the police force of the State suspects on reasonable grounds that a person possesses a surveillance device in the knowledge that it is intended or principally designed for use in contravention of any of section 5, 6 or 7, that member of the police force may, under the authority of this section and using such force as may be necessary for the purpose —

            (a)         stop, and search any such person;

            (b)         stop, detain, and search any vehicle that the member of the police force reasonably suspects may contain evidence of an offence under section 34; or

            (c)         at any time enter and search any premises that the member of the police force reasonably suspects may contain evidence of an offence under section 34.

        (2)         A member of the police force of the State lawfully exercising a power under subsection (1) may seize, remove or detain any surveillance device and any connected device ancillary to the use or installation of that surveillance device if that member of the police force reasonably suspects that the surveillance device has been or is to be used in connection with or for the purposes of an offence under this Act.

        (3)         A surveillance device or connected device seized under subsection (2) may be retained until the final determination of any proceeding under this Act relating to it unless it is ordered to be returned or otherwise dealt with under subsection (4).

        (4)         A person claiming to have an interest (whether as owner or otherwise) in a surveillance device or connected device seized under subsection (2) may apply to a magistrate for the device to be returned or otherwise dealt with and the magistrate may make such order in the matter as he or she thinks fit.