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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Carrying out search powers - Powers of search incidental to powers of arrest

120: Powers of search when suspect pursued

You could also call this:

"Searching someone who runs away while you're trying to catch them"

If you are a person who can arrest someone and you want to search them or their vehicle, but they leave before you can do the search, you can still search them. You can search them when you catch up to them. You can also go into any place to catch them. You can only do this if you were chasing them right after they left and you think they still have something important for the case on them or in their vehicle. When you catch up to them, you can search them and their vehicle if you have a good reason to think they have something important.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136816.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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119: Powers of search by person who has power of arrest, or

"Police can search you if they have a good reason and are allowed to arrest people."

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121: Stopping vehicles with or without warrant for purposes of search, or

"Police can stop and search your vehicle with or without a special permit"

Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers: Powers of search incidental to powers of arrest

120Powers of search when suspect pursued

  1. If any person who may exercise a power of arrest intends to conduct a search of a person or vehicle, but that person or vehicle leaves before the search is undertaken or completed, the person who intended to conduct the search may,—

  2. on apprehending the person or vehicle, search the person or vehicle; and
    1. enter any place for the purpose of apprehending the person or vehicle.

      1. A person may not exercise the powers conferred by subsection (1)(a) or (b) unless—

      2. the person was freshly pursuing the person to be searched from the location of the intended search when the person was apprehended; and
        1. the person intending to conduct the search has reasonable grounds to believe that relevant evidential material is still on the person who is to be searched or in or on the vehicle.