sch.5-sec.11Seizure of evidence

sch.5-sec.11 Seizure of evidence

An investigator who enters a public place when the place is open to the public may seize a thing at the place if the investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator. If an investigator enters a place with the occupier’s consent, the investigator may seize a thing at the place if— the investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator; and seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent. If an investigator enters a place with a warrant, the investigator may seize the evidence for which the warrant was issued. For the purposes of subclauses (2) and (3), the investigator may also seize anything else at the place if the investigator reasonably believes— the thing is evidence that is relevant to the investigation; and the seizure is necessary to prevent the thing being hidden, lost or destroyed. (sch.5-sec.11-ssec.1) An investigator who enters a public place when the place is open to the public may seize a thing at the place if the investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator. (sch.5-sec.11-ssec.2) If an investigator enters a place with the occupier’s consent, the investigator may seize a thing at the place if— the investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator; and seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent. (sch.5-sec.11-ssec.3) If an investigator enters a place with a warrant, the investigator may seize the evidence for which the warrant was issued. (sch.5-sec.11-ssec.4) For the purposes of subclauses (2) and (3), the investigator may also seize anything else at the place if the investigator reasonably believes— the thing is evidence that is relevant to the investigation; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.

• (a) the investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator; and
• (b) seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent.
• (a) the thing is evidence that is relevant to the investigation; and
• (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.