sec.628Dealing with persons who obstruct search of person or vehicle

### sec.628 Dealing with persons who obstruct search of person or vehicle If a person (the obstructing person ) obstructs a police officer conducting a lawful search of the person, another person or a vehicle, a police officer must, if reasonably practicable— warn the obstructing person it is an offence to obstruct a police officer in the performance of the police officer’s duties; and give the obstructing person a reasonable opportunity to stop obstructing the search. It may not be reasonably practicable for a police officer to comply with subsection (1) if, for example— there is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or there is a reasonable expectation that, if warned, the person may immediately dispose of, or destroy, evidence; or an immediate search is necessary to protect the safety of any person. s 628 (prev s 322) renum 2000 No. 22 s 22 (sec.628-ssec.1) If a person (the obstructing person ) obstructs a police officer conducting a lawful search of the person, another person or a vehicle, a police officer must, if reasonably practicable— warn the obstructing person it is an offence to obstruct a police officer in the performance of the police officer’s duties; and give the obstructing person a reasonable opportunity to stop obstructing the search. (sec.628-ssec.2) It may not be reasonably practicable for a police officer to comply with subsection (1) if, for example— there is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or there is a reasonable expectation that, if warned, the person may immediately dispose of, or destroy, evidence; or an immediate search is necessary to protect the safety of any person. - (a) warn the obstructing person it is an offence to obstruct a police officer in the performance of the police officer’s duties; and - (b) give the obstructing person a reasonable opportunity to stop obstructing the search. - (a) there is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or - (b) there is a reasonable expectation that, if warned, the person may immediately dispose of, or destroy, evidence; or - (c) an immediate search is necessary to protect the safety of any person.