QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.33Searching public places without warrant
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### sec.33 Searching public places without warrant
It is lawful for a police officer to exercise the following powers in a public place without a search warrant—
power to enter the public place and to stay on it for the time reasonably necessary to exercise powers mentioned in paragraphs (b) to (f) ;
power to search the public place for anything that may be evidence of the commission of an offence;
power to seize a thing found at the public place, or on a person found at the public place, that a police officer reasonably suspects may be evidence of the commission of an offence;
power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence;
power to dig up land;
power to open anything that is locked.
However, if this section applies to a place because it is a public place while it is ordinarily open to the public, the police officer may search the place only—
with the consent of the occupier of the place; or
under a search warrant; or
under chapter 7 , part 2 .
If the occupier consents, the police officer may exercise search warrant powers at the place.
(sec.33-ssec.1) It is lawful for a police officer to exercise the following powers in a public place without a search warrant— power to enter the public place and to stay on it for the time reasonably necessary to exercise powers mentioned in paragraphs (b) to (f) ; power to search the public place for anything that may be evidence of the commission of an offence; power to seize a thing found at the public place, or on a person found at the public place, that a police officer reasonably suspects may be evidence of the commission of an offence; power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence; power to dig up land; power to open anything that is locked.
(sec.33-ssec.2) However, if this section applies to a place because it is a public place while it is ordinarily open to the public, the police officer may search the place only— with the consent of the occupier of the place; or under a search warrant; or under chapter 7 , part 2 .
(sec.33-ssec.3) If the occupier consents, the police officer may exercise search warrant powers at the place.
- (a) power to enter the public place and to stay on it for the time reasonably necessary to exercise powers mentioned in paragraphs (b) to (f) ;
- (b) power to search the public place for anything that may be evidence of the commission of an offence;
- (c) power to seize a thing found at the public place, or on a person found at the public place, that a police officer reasonably suspects may be evidence of the commission of an offence;
- (d) power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence;
- (e) power to dig up land;
- (f) power to open anything that is locked.
- (a) with the consent of the occupier of the place; or
- (b) under a search warrant; or
- (c) under chapter 7 , part 2 .