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Search and Surveillance Act 2012

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

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

You could also call this:

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

When you are being searched, the person searching you can ask you to do some things to help with the search. They can ask you to remove, raise, lower, or open your outer clothing, like your coat or jacket, but only if you have other clothes on underneath. They can also ask you to take off your head covering, gloves, or footwear, like your shoes and socks.

The person searching you can look at anything you are carrying or have with you. They can also search your outer clothing after you have removed it, and any head covering, gloves, or footwear you have taken off. This is all part of what is called a rub-down search, which is explained more in section 85(2).

The person searching you is doing this to help with the search, and they can only ask you to do these things to help them with their job.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136767.

Topics:
Crime and justice > Police and safety
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85: Rub-down search of arrested or detained person, or

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

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87: Rub-down search may include visual examination, or

"A rub-down search can include a close look at your face, but nothing goes inside."

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

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

  1. For the purpose of facilitating any of the actions referred to in any of paragraphs (a) to (c) of section 85(2), the person conducting a rub-down search may require the person being searched—

  2. to remove, raise, lower, or open any outer clothing (including (without limitation) any coat, jacket, jumper, or cardigan) being worn by the person being searched, except where that person has no other clothing, or only underclothing, under that outer clothing; and
    1. to remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person.

      1. A rub-down search of a person may include searching—

      2. any item carried by, or in the possession of, the person; and
        1. any outer clothing removed, raised, lowered, or opened for the purposes of the search; and
          1. any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.