Search and Surveillance Act 2012

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

88: Warrantless search of arrested or detained person

You could also call this:

"When you're arrested, police can search you without permission if they think you have something dangerous or wrong."

If you are arrested or detained, a person in authority can search you without a warrant. They can do this if they think you have something on you that could harm someone. They can also search you if they think you have something that could help you escape.

They are allowed to search you if they believe you have something that is evidence of the crime you were arrested for. This means they think you have something that shows you did something wrong. You might be searched to keep everyone safe and to help with the investigation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136769.


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89: Application of this Part, or

"When police or others use special powers, like search warrants, this part of the law applies"

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

88Warrantless search of arrested or detained person

  1. A person to whom this subpart applies may, in the circumstances set out in subsection (2), carry out a search of a person.

  2. The circumstances are that the person to whom this subpart applies has reasonable grounds to believe that there is any thing on or carried by a person who is arrested or detained under a statutory power of detention that—

  3. may be used to harm any person; or
    1. may be used to facilitate the person’s escape; or
      1. is evidential material relating to the offence in respect of which the arrest is made or the person is detained.