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Search and Surveillance Act 2012

Police powers - Police powers in relation to Misuse of Drugs Act 1975 offences

20: Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences

You could also call this:

"Police can search without a warrant if they think a place or vehicle has illegal drugs and they need to act fast."

A police officer can search a place or vehicle without a warrant if they have good reasons to believe it's not possible to get a warrant. They must think that in or on the place or vehicle there is a certain type of controlled drug, which is listed in the Misuse of Drugs Act 1975, such as those in Schedule 1, Part 1 of Schedule 2, Part 1 of Schedule 3, or a precursor substance in Part 3 of Schedule 4. You should know that the police officer must also suspect that a crime related to the controlled drug or precursor substance has happened, is happening, or will happen in the place or vehicle, and that evidence will be destroyed if they don't search immediately.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136655.

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Crime and justice > Police and safetyCrime and justice > Criminal lawRights and equality > Privacy
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19: Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants, or

"Police can search you if they're searching a place or vehicle for drug-related crimes"

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21: Warrantless searches of people found in or on places or vehicles, or

"Police can search you without a warrant if you're in a place or vehicle they're already searching"

Part 2Police powers
Police powers in relation to Misuse of Drugs Act 1975 offences

20Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences

  1. A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds—

  2. to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is—
    1. a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or
      1. a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or
        1. a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or
          1. a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and
          2. to suspect that in or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and
            1. to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.