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Search and Surveillance Act 2012

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

12: Searchers

You could also call this:

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

If you are in custody, a police employee can use a searcher to search you under section 11 if it is necessary. You will be searched by someone of the same sex as you, or the search will happen within a reasonable time of you being taken into custody. The police employee in charge must make sure the searcher has had the right training before they search you.

The searcher has to search you as if they were a police employee. The police employee in charge of you must be satisfied that the searcher is trained to search people under section 11 before the search happens. This is so the search is done properly and safely.

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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=DLM2136644.

Topics:
Crime and justice > Police and safety
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11: Warrantless searches of people who are, or are to be, locked up in Police custody, or

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

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13: Property taken from people locked up in Police custody, or

"What happens to your belongings when you're in Police custody"

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

12Searchers

  1. A Police employee in charge of a person to whom section 11 applies may use a searcher to conduct a search of the person under section 11 if the use of that searcher is necessary to enable the search of the person in custody to be carried out—

  2. by someone of the same sex as the person to be searched; or
    1. within a reasonable time of the person being taken into custody.

      1. The Police employee in charge of a person who is taken into lawful custody and is to be locked up must be satisfied that a searcher used under this section has received appropriate training before that searcher conducts a search under section 11.

      2. The searcher must carry out the search as if he or she were a Police employee.

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