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Search and Surveillance Act 2012

Police powers - Warrantless powers to enter and search when effecting arrest

8: Entry without warrant to avoid loss of offender or evidential material

You could also call this:

"Police can enter a place without permission if they think a suspect will escape or hide evidence."

If you are a suspect in a crime, a police officer can enter a place or vehicle without a warrant. They can do this if they think you have committed a crime that could send you to prison. They must also think you are in that place or vehicle.

The police officer must have a good reason to believe that if they do not enter right away, you might leave to avoid being arrested. They must also think that evidence of the crime might be destroyed or hidden if they do not act quickly. This means the police officer can search for you and arrest you without a warrant in certain situations.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136638.

Topics:
Crime and justice > Police and safety
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7: Entry without warrant to arrest person unlawfully at large, or

"Police can enter a place to arrest someone who is hiding and not supposed to be free."

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9: Stopping vehicle to find persons unlawfully at large or who have committed certain offences, or

"Police can stop a car to catch someone who has broken the law or is hiding from them."

Part 2Police powers
Warrantless powers to enter and search when effecting arrest

8Entry without warrant to avoid loss of offender or evidential material

  1. In the circumstances set out in subsection (2), a constable may—

  2. enter a place or vehicle without a warrant; and
    1. search for and arrest a person that the constable suspects has committed the offence.

      1. The circumstances are that the constable has reasonable grounds—

      2. to suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrested without warrant; and
        1. to believe that the person is there; and
          1. to believe that, if entry is not effected immediately, either or both of the following may occur:
            1. the person will leave there to avoid arrest:
              1. evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered, or damaged.