16Search of arrested person

##### 16 Search of arrested person (1) A protective service officer may, upon lawfully arresting a person for an offence, search the person, the clothing that the person is wearing and any vessel, vehicle or other property under the person’s immediate control if the officer believes on reasonable grounds that it is necessary to do so: (a) to ascertain whether there is concealed on the person, in the clothing or in the property, a weapon or other thing capable of being used to inflict bodily injury or to assist the person to escape from custody; or (b) to prevent the concealment, loss or destruction of evidence of, or relating to, the offence. (2) A search under this section of a person or the clothing that a person is wearing shall be conducted by: (a) a protective service officer of the same sex as the person; or (b) in a case where a protective service officer of the same sex as the person is not available to conduct the search—any other person who is of the same sex and is requested by a protective service officer to conduct the search. (3) An action or proceeding, whether civil or criminal, does not lie against a person who, at the request of a protective service officer, conducts a search under this section if the person acts in good faith and does not contravene subsection (4). (4) A protective service officer or other person who conducts a search under this section shall not use more force, or subject a person to greater indignity, than is reasonable and necessary in order to conduct the search. (5) A protective service officer or other person who lawfully conducts a search under this section may seize: (a) any weapon or thing referred to in paragraph (1)(a); or (b) anything that the officer or other person has reasonable grounds to believe is a thing: (i) with respect to which an offence has been committed; (ii) that will afford evidence of the commission of an offence; or (iii) that was used, or intended to be used, for the purpose of committing an offence.