10Search without a warrant

10 Search without a warrant S. 10(1) amended by No. 37/2014 s. 10(Sch. item 28.5(a)(ii)). (1) If— S. 10(1)(a) amended by No. 37/2014 s. 10(Sch. item 28.5(a)(i)). (a) a police officer has reasonable grounds for suspecting that a person is carrying or has in his or her possession in a public place a weapon contrary to this Act; and S. 10(1)(b) amended by No. 37/2014 s. 10(Sch. item 28.5(a)(ii)). (b) the police officer informs the person of the grounds for his or her suspicion; and S. 10(1)(c) amended by No. 37/2014 s. 10(Sch. item 28.5(a)(ii)). (c) the police officer complies with subsection (3)— the police officer may, without a warrant— (d) search the person and any vehicle or thing in his or her possession or under his or her control for the weapon; and S. 10(1)(e) amended by No. 37/2014 s. 10(Sch. item 28.5(a)(ii)). (e) seize and detain any item detected during the search that the police officer reasonably suspects is a weapon. (2) For the purposes of subsection (1)(a), the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds for suspecting that the person is carrying a weapon or has a weapon in his or her possession. S. 10(3) amended by No. 37/2014 s. 10(Sch. item 28.5(b)(i)(ii)). (3) Before a police officer commences a search of a person under subsection (1), the police officer must— S. 10(3)(a) amended by No. 37/2014 s. 10(Sch. item 28.5(b)(iii)). (a) inform the person of the police officer's name, rank and place of duty; and S. 10(3)(c) amended by No. 37/2014 s. 10(Sch. item 28.5(b)(ii)). S. 10(3)(d) amended by No. 37/2014 s. 10(Sch. item 28.5(b)(ii)). (d) inform the person that the police officer intends to search the person or the vehicle or thing (as the case requires) for weapons and is empowered to do so under this Act. (4) Schedule 1 applies to the search of a person or thing under this section. S. 10(5) amended by No. 37/2014 s. 10(Sch. item 28.5(c)). (5) A police officer must conduct the least invasive search that is practicable in the circumstances. S. 10(6) amended by No. 37/2014 s. 10(Sch. item 28.5(c)). (6) A police officer may detain a person for so long as is reasonably necessary to conduct a search under this section. (7) In this section, ***weapon*** means— S. 10AA inserted by No. 43/2011 s. 10. 10AA Search by protective services officer (1) This section applies if a protective services officer on duty at a designated place has reasonable grounds for suspecting that a person at or in the vicinity of a designated place is carrying or has in his or her possession in a public place a weapon contrary to this Act. (2) Subject to subsection (4), the protective services officer may, without a warrant— (a) search the person and any vehicle or thing in the person's possession or under the person's control for the weapon; and (b) seize and detain any item detected during the search that the protective services officer reasonably suspects is a weapon. (3) For the purposes of subsection (1), the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds for suspecting that the person is carrying a weapon or has a weapon in his or her possession. (4) Before a protective services officer commences a search of a person under subsection (2), the protective services officer must— (a) inform the person of the grounds for his or her suspicion; and (b) inform the person of the protective services officer's name, rank and place of duty; and (c) if requested to do so by the person, provide the information referred to in paragraph (b) in writing; and (d) produce his or her identification for inspection by the person, unless the protective services officer is in uniform; and (e) inform the person that he or she intends to search the person or thing (as the case requires) for weapons and is empowered to do so under this Act. (5) Clauses 1, 2, 4(2), 4(3), 5(2), 5(3), 5(4), 6, 11(1), 11(5), 12(1) and 12(5) of Schedule 1 apply to the search of a person or thing under this section as if— S. 10AA(5)(a) amended by No. 37/2014 s. 10(Sch. item 28.6). (a) a reference in that Schedule to a police officer were a reference to a protective services officer; and (b) a reference in that Schedule to a search under section 10 were a reference to a search under this section. (6) A protective services officer must conduct the least invasive search that is practicable in the circumstances. (7) A protective services officer may detain a person for so long as is reasonably necessary to conduct a search under this section. (8) To avoid doubt, a protective services officer may exercise any power under this section to search or detain a person, or seize and detain any item detected during the search, at or in the vicinity of a designated place. (9) In this section, ***weapon*** means— S. 10A inserted by No. 9/2003 s. 6.