NSWIn ForceAct
Law Enforcement (Powers and Responsibilities) Act 2002
21Power to search persons and seize and detain things without warrant
Start here
Get a plain-English read of 21
Turn the raw legal text into a practical explanation grounded in Law Enforcement (Powers and Responsibilities) Act 2002.
#### 21 Power to search persons and seize and detain things without warrant
21 Power to search persons and seize and detain things without warrant
(cf [Crimes Act 1900](/view/html/inforce/current/act-1900-040), ss 357, 357E, [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), s 37)
> > (1) A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists—
> >
> > > (a) the person has in his or her possession or under his or her control anything stolen or otherwise unlawfully obtained,
> >
> > > (b) the person has in his or her possession or under his or her control anything used or intended to be used in or in connection with the commission of a relevant offence,
> >
> > > (c) the person has in his or her possession or under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence,
> >
> > > (d) the person has in his or her possession or under his or her control, in contravention of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), a prohibited plant or a prohibited drug.
>
> > (2) A police officer may seize and detain—
> >
> > > (a) all or part of a thing that the police officer suspects on reasonable grounds is stolen or otherwise unlawfully obtained, and
> >
> > > (b) all or part of a thing that the police officer suspects on reasonable grounds may provide evidence of the commission of a relevant offence, and
> >
> > > (c) any dangerous article, and
> >
> > > (d) any prohibited plant or prohibited drug in the possession or under the control of a person in contravention of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226),
> >
> > found as a result of a search under this section.