37Seizure of property under warrants

#### 37 Seizure of property under warrants 37 Seizure of property under warrants > > (1) A member of the Police Force executing a search warrant issued under this Part may seize property of the kind specified in the warrant. > > > (2) A search warrant issued under this Part authorises the seizure of property if, in executing the warrant, a member of the Police Force— > > > > > (a) finds property the member believes on reasonable grounds to be seizable property, and > > > > > (b) believes on reasonable grounds it is necessary to seize the property to prevent the property’s— > > > > > > > (i) concealment, loss or destruction, or > > > > > > > (ii) use in committing, continuing or repeating a serious offence or serious drug offence. > > > (3) The power conferred by this section to seize property includes a power to— > > > > > (a) remove the property from the premises where it is found, and > > > > > (b) guard the property in or on those premises. > > > (4) In this section— > > > > seizable property means— > > > > > (a) tainted property, or > > > > > (b) property a member of the Police Force reasonably suspects is unlawfully acquired and belonging to, or in the effective control of, a person— > > > > > > > (i) against whom a drug trafficker declaration has been made, or > > > > > > > (ii) charged with a serious drug offence and against whom an application for a drug trafficker declaration may be made if the person were to be convicted of the offence. > > **s 37:** Subst 2022 No 55, Sch 1\[12\].