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Search and Surveillance Act 2012

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

22: Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975

You could also call this:

"Police can search you without a warrant if they think you have illegal drugs and suspect a crime."

If a police officer thinks you have a controlled drug or a precursor substance, they can search you without a warrant. They must have a good reason to believe you have one of these substances, which are listed in the Misuse of Drugs Act 1975. The officer must also suspect that a crime has been, is being, or is about to be committed with that substance.

The police officer can search you if they think you have a drug listed in Schedule 1, Part 1 of Schedule 2, Part 1 of Schedule 3, or a precursor substance listed in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975. This rule does not change other search rules, such as those in section 20 or section 21. It also does not let police officers enter or search a place or vehicle without following those other rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136657.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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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"

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23: Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975, or

"Police can ask a doctor to check inside your body if they think you've hidden something related to a drug offence"

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

22Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975

  1. A constable may, in the circumstances set out in subsection (2), search a person without a warrant.

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

  3. to believe that the person is in possession of—
    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 an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.

            1. This section does not—

            2. limit section 20 or 21; or
              1. authorise a constable to enter or search a place or vehicle except in accordance with those sections.