28Ancillary power to search persons

#### 28 Ancillary power to search persons 28 Ancillary power to search persons > > (1) In conducting a search of a person under section 27, a police officer may, if the police officer suspects on reasonable grounds that a thing of a kind referred to in section 27(1) or (2) is concealed in the person’s mouth or hair, require the person— > > > > > (a) to open his or her mouth to enable it to be searched, or > > > > > (b) to shake, or otherwise move, his or her hair. > > > (2) Subsection (1) does not authorise a police officer to forcibly open a person’s mouth. > > > (3) A person must not, without reasonable excuse, fail or refuse to comply with a requirement made by a police officer in accordance with this section. > > > > Maximum penalty—5 penalty units. > > **s 28 (previously s 23A):** Renumbered 2014 No 31, Sch 3 \[19\].