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Search and Surveillance Act 2012

Police powers - Warrantless powers in relation to offences against section 78 or 78AA of Crimes Act 1961

25: Warrantless searches if offence against section 78 or 78AA of Crimes Act 1961 suspected

You could also call this:

"Police can search you without a warrant if they think you've committed a serious crime and it's an emergency."

Illustration for Search and Surveillance Act 2012

If you think someone has committed a serious crime, like an offence against section 78 or 78AA of the Crimes Act 1961, a police officer can search you or your things without a warrant. You might be searched if the police officer has a good reason to suspect a crime is happening or will happen soon and it's an emergency. The police officer must also believe they will find evidence of the crime when they search you or your things.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4355324.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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Part 2Police powers
Warrantless powers in relation to offences against section 78 or 78AA of Crimes Act 1961

25Warrantless searches if offence against section 78 or 78AA of Crimes Act 1961 suspected

  1. A constable may, without a warrant, carry out a search in the circumstances set out in subsection (2).

  2. The circumstances are that there are reasonable grounds—

  3. to suspect that an offence against section 78 or 78AA of the Crimes Act 1961 has been, is being, or will be committed and that the case is one of great urgency and requires immediate action; and
    1. to believe that there is evidence in any place, or in or on any vehicle or other thing, as to the commission of that offence or evidence of a thing that is intended to be used for the purpose of committing that offence.

      Compare
      Notes
      • Section 25 heading: amended, on , by section 329(1) of the Intelligence and Security Act 2017 (2017 No 10).
      • Section 25(2)(a): amended, on , by section 329(2) of the Intelligence and Security Act 2017 (2017 No 10).