111Search warrants

111 Search warrants

[Section 111 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014]

(1)  A police officer may apply to a magistrate or judge for a search warrant authorising a search of any premises or property.

(2)  An application for a search warrant under this section may be made by telephone or other electronic means and section 15 of the Search Warrants Act 1997 applies, with the necessary modifications, in respect of a warrant that is issued on such an application.

(3)  A magistrate or judge may issue a search warrant if satisfied, by information on oath, that there are reasonable grounds for suspecting that any property that is suspected of not being lawfully acquired or any property-tracking document –

(a) is in or on the premises, or property, that is the subject of the search warrant; or

(b) will be in or on the premises, or property, within the next 72 hours.

(4)  A search warrant issued under this section may authorise a police officer to do one or more of the following, using any reasonable force and with any assistance the police officer thinks reasonable:

(a) enter the premises, or property, described in the warrant;

(b) search the premises or property;

(c) search any baggage, package, electronic device, animal, vehicle or any other property found in or on the premises or property;

(d) detain any person in or on the premises or property and search the person in accordance with this Part.

(5)  A search warrant issued under this section –

(a) may be executed at any time of night or day; and

(b) subject to section 113 , continues in force for 30 days from the day on which it was issued.

(6)  If, in the course of executing a search warrant issued under this section –