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.