39Seizure of property and searching of person

#### 39 Seizure of property and searching of person 39 Seizure of property and searching of person > > (1) The person or persons executing a search warrant under this Division may seize anything that might reasonably be suspected of being— > > > > > (a) something in which a person has an interest that constitutes serious crime derived property, or > > > > > (b) something in which a person has an interest that constitutes illegally acquired property of a person reasonably suspected of having been engaged in serious crime related activities, or > > > > > (c) evidence of a serious crime related activity, or > > > > > (d) evidence of illegal activity of a person reasonably suspected of having been engaged in serious crime related activities, or > > > > > (e) property an interest in which is subject to a restraining order, or > > > > > (f) unexplained wealth. > > > (2) The power conferred by this section to seize anything includes— > > > > > (a) power to remove it from the premises where it is found, and > > > > > (b) power to guard it on those premises. > > > (3) A person executing a search warrant issued under this Division may search a person found on the premises who might reasonably be suspected of being in possession of property or evidence that may be seized under this section. > > > (3A) A person executing a search warrant issued under this Division in relation to unexplained wealth in the possession of a person may, by the use of necessary and reasonable force— > > > > > (a) stop, search and detain the person, and > > > > > (b) seize and detain all or part of a thing— > > > > > > > (i) found as a result of the search, and > > > > > > > (ii) that the person reasonably suspects is unexplained wealth. > > > (4) A person executing a search warrant issued under this Division may— > > > > > (a) examine any property or evidence seized in executing the warrant, and > > > > > (b) inspect and test any such property, and > > > > > (c) in the case of evidence that is a document—make copies of, and take extracts from, the document. > > **s 39:** Am 1997 No 68, Sch 1 \[15\] \[16\]; 2022 No 55, Sch 3\[17\] \[18\].