120BSearch warrants

120B Search warrants (1) Where it is made to appear to a justice of the peace, by application on oath, that there are reasonable grounds for believing: (a) that there is at a place a dangerous drug, precursor or drug (b) that a dangerous drug, precursor or drug manufacturing equipment may be concealed on a person or on or in property in the immediate control of a person; or (ba) that a dangerous drug, precursor or drug manufacturing equipment may, within the next following 72 hours: (i) be brought on or into a place; or (ii) be concealed on a person or on or in property in the immediate control of a person, the justice of the peace may issue a warrant authorising a member of the Police Force named in the warrant, with such assistance as the member thinks necessary, to search: (c) in a case referred to in paragraph (a) or (ba)(i): (i) the place; (ii) any person found at the place; and (iii) any person who enters the place while the search is in progress; and (d) in a case referred to in paragraph (b) or (ba)(ii), or in respect of a person referred to in paragraph (c)(ii) or (iii): (i) the person; (ii) the clothing worn by the person; or (iii) the property in the immediate control of the person. (2) A warrant issued under subsection (1)(a) or (ba)(i) authorises the member to whom it is issued to direct a person referred to in subsection (1)(c)(ii) or (iii) to remain at the place for as long as is reasonably required for the purposes of the search of the place and of the person. (3) Section 112(1) of the Criminal Code applies to and in relation to a person directed under subsection (2) as if the person were in the lawful custody of the member while so directed. Police Administration Act 1978 91 (4) Under this section: (a) an application for a warrant and a submission concerning an application may be made in whole or in part; (b) information concerning an application may be furnished in whole or in part; and (c) an oath may be administered, by telephone, telex, radio or other similar means. (5) A warrant issued under this section shall remain in force for such period as the justice of the peace issuing it specifies in the warrant. (6) Where a warrant is issued as the result of an action taken under or in pursuance of subsection (4), the justice of the peace issuing it shall send it to the Commissioner within 7 days after it is issued. (7) Where it is necessary for a member to satisfy a person that a warrant under this section was issued authorising the member to conduct a search and, for reasonable cause, the member cannot, at the time of the search, produce the warrant, the member may produce a copy of the warrant completed and endorsed in accordance with subsection (8) and the production of the copy shall be deemed to be a production of the warrant. (8) For the purposes of subsection (7), a member shall: (a) complete a form of warrant substantially in the terms of the warrant issued; and (b) write on that form of warrant a statement that a warrant in those terms was issued giving: (i) the name of the justice of the peace who issued the warrant; and (ii) the date, time and place on and at which it was issued. 120BA Seizure A member of the Police Force may seize: (a) anything found in the possession of a person or as the result of a search, being a thing that the member suspects, on reasonable grounds, is a dangerous drug, precursor or drug Police Administration Act 1978 92 (b) money, a valuable security or other thing: (i) found in the possession of a person; or (ii) found as the result of a search, being money, a valuable security or thing that the member suspects, on reasonable grounds, was received or acquired by a person directly or indirectly as or from the proceeds or part of the proceeds of the supply of a dangerous drug, precursor or drug manufacturing equipment; (c) an acknowledgement, note or other thing: (i) found in the possession of a person; or (ii) found as a result of a search, being an acknowledgement, note or thing that the member suspects, on reasonable grounds: (iii) entitles a person to receive; or (iv) is evidence that a person is entitled to receive, money or money's worth that is the proceeds or part of the proceeds of the supply of a dangerous drug, precursor or drug (d) a thing found in the possession of a person as the result of a search, being a thing that the member suspects, on reasonable grounds, is evidence of the commission of an offence against the Misuse of Drugs Act 1990; (e) where a person is apprehended for an offence against the Misuse of Drugs Act 1990, an article or thing: (i) found in the possession of the person; or (ii) found as the result of a search, being an article or thing that is of a type used in the manufacture, production, cultivation, use or administration of a dangerous drug, precursor or drug manufacturing equipment; or (f) an aircraft, ship, train or vehicle which a member believes on reasonable grounds is being or has been used or is intended to be used in the commission of an offence against the Misuse Police Administration Act 1978 93 120BB Seizure authorised under search warrant A member of the Police Force who executes a warrant issued under section 120B may, in addition to seizing anything mentioned in section 120BA, seize any other thing: (a) found in the course of executing the warrant; and (b) that the member believes on reasonable grounds is connected with any offence.