Plain language law

New Zealand law explained for everyone

Search and Surveillance Act 2012

Police powers - Warrantless searches of people who are to be locked up in Police custody

11: Warrantless searches of people who are, or are to be, locked up in Police custody

You could also call this:

"Police can search you without a warrant when you're in their custody"

If you are taken into Police custody, you can be searched without a warrant. This happens when you are at a Police station, or in a vehicle or other premises used by the Police. You can be searched before or after you are locked up.

A constable or a searcher can search you before you are locked up. They can also search you after you are locked up if you haven't been searched before, or if you have been near someone who wasn't locked up. You can be searched if there are good reasons to think you have something that could harm yourself or others.

If you are searched, the constable or searcher can take any money or property they find on you. You might be locked up while waiting for a decision about bail under section 21 of the Bail Act 2000. A constable or searcher can search you according to the rules in section 12.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM2136643.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
Previous

10: Powers and duties of constable after vehicle stopped, or

"What police can do after stopping a vehicle to arrest someone"

Next

12: Searchers, or

"Who can search you when you're in police custody"

Part 2Police powers
Warrantless searches of people who are to be locked up in Police custody

11Warrantless searches of people who are, or are to be, locked up in Police custody

  1. This section applies to any person who—

  2. has been taken into lawful custody; and
    1. is—
      1. at a Police station; or
        1. in other premises, or is in, or about to be placed in, a vehicle, being used for Police purposes; and
        2. is, or is to be, locked up (whether pending a decision as to bail under section 21 of the Bail Act 2000, or in any other circumstances).

          1. A constable, or a searcher used in accordance with section 12, may conduct a search of a person to whom this section applies before that person is locked up.

          2. A constable, or a searcher used in accordance with section 12, may conduct a search of a person after the person is locked up if—

          3. the person has not been searched under subsection (2); or
            1. the person, since any search was conducted under subsection (2), has been in close proximity, or is reasonably suspected of having been in close proximity, to a person who was not locked up in Police custody (other than an enforcement officer or a searcher); or
              1. the person, since any search was conducted under subsection (2), has been in close proximity, or is reasonably suspected of having been in close proximity, to another person who was eligible to be searched under this subsection but was not searched; or
                1. there are reasonable grounds to believe that the person is in possession of anything that may be used to harm himself or herself or others.

                  1. A constable or searcher may take from the person subject to a search under this section any money or other property found during the search.

                  Compare