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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Carrying out search powers - Seizure of items in plain view

123: Seizure of items in plain view

You could also call this:

"Police can take items they see while searching a place, vehicle, or person if they have a good reason."

Illustration for Search and Surveillance Act 2012

If you are an enforcement officer, this section applies to you when you are doing your job and you are searching somewhere, lawfully in a place or vehicle, or searching a person. You can take items that you find while searching if you have good reasons to think you could have taken them with a search warrant or another search power. When you take these items, you can use powers from section 110 to deal with them, even if you were not already searching.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136822.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers: Seizure of items in plain view

123Seizure of items in plain view

  1. This section applies to an enforcement officer who, as part of his or her duties,—

  2. exercises a search power; or
    1. is lawfully in any place or in or on a vehicle; or
      1. is conducting a lawful search of a person.

        1. An enforcement officer to whom this section applies may seize any item or items that he or she, or any person assisting him or her, finds in the course of carrying out the search or as a result of observations at the place or in or on the vehicle, if the enforcement officer has reasonable grounds to believe that he or she could have seized the item or items under—

        2. any search warrant that could have been obtained by him or her under this Act or any other enactment; or
          1. any other search power exercisable by him or her under this Act or any other enactment.

            1. If an enforcement officer seizes any item or items under subsection (2), in circumstances where he or she is not already exercising a search power, the enforcement officer may exercise any applicable power conferred by section 110 in relation to the seizure of the item or items.