Search and Surveillance Act 2012

Enforcement officers' powers and orders - Warrantless powers of entry and search incidental to arrest or detention

85: Rub-down search of arrested or detained person

You could also call this:

"What happens during a rub-down search when you're arrested or detained"

When you are arrested or detained, a person in authority can do a rub-down search of you. This is to make sure you are not carrying anything that could harm someone or help you escape. They can do this search to keep everyone safe.

The person doing the search can run their hand over your body, outside and inside your clothes, but not your underclothes. They can also put their hand in your pockets or pouches to check for anything.

The person searching you can ask you to open your mouth, show them the palms of your hands, or the soles of your feet, or lift your hair, so they can take a look. This search is called a rub-down search, and it is explained in more detail in sections 86 and 87.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136765.

Topics:

Crime and justice > Police and safetyCrime and justice > Criminal law

84: Warrantless entry and search of vehicle after arrest, or

"Police can search a car without permission after arresting someone if they think it has important evidence."

86: Things that can be done to facilitate rub-down search, or

"What you might be asked to do during a rub-down search"

Part 3Enforcement officers' powers and orders
Warrantless powers of entry and search incidental to arrest or detention

85Rub-down search of arrested or detained person

A person to whom this subpart applies may carry out a rub-down search of a person, in accordance with this section, when the person is arrested, or detained under a statutory power of detention, in order to ensure that the person is not carrying anything that may be used—
to harm any person; or
to facilitate the person’s escape.

For the purposes of this section and sections 86 and 87, a rub-down search means a search of a clothed person in which the person conducting the search may do any or all of the following:
run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than the underclothing) of that person:
insert his or her hand inside any pocket or pouch in the clothing (other than the underclothing) of the person being searched:
for the purpose of permitting a visual inspection, require the person being searched to do any or all of the following:
1. open his or her mouth:
2. display the palms of his or her hands:
3. display the soles of his or her feet:
4. lift or rub his or her hair.