34Search warrants

34 Search warrants (1) A police officer may apply to a justice of the peace for a search warrant. (2) An application for a search warrant under this section may be made by telephone or other electronic means and section 118 of the Police Administration Act 1978 applies, with the necessary changes, in respect of a warrant that is issued on such an application.

Criminal Property Forfeiture Act 2002 26 (3) A justice of the peace may issue a warrant to search any premises if satisfied, by information on oath, that there are reasonable grounds for suspecting that any property liable to forfeiture under this Act or any property-tracking documents: (a) is or are in or on the premises; or (b) will be in or on the premises within the next 72 hours. (4) Subsection (3) applies also to property that is owned or effectively controlled by a person who has been charged with an offence and who could be declared to be a drug trafficker under section 36A of the Misuse of Drugs Act 1990 if he or she is convicted of the offence. (5) A search warrant under this section may authorise a police officer to do any or all of the following, using any necessary force and with any assistance the member thinks necessary: (a) enter the premises described in the warrant; (b) search the premises; (c) search any baggage, package or other thing found in or on the premises; (d) detain any person in or on the premises and search the person in accordance with section 35. (6) A search warrant under this section: (a) may be executed at any time of night or day; and (b) subject to section 37, continues in force for 30 days after the day on which it was issued.