35Powers to search for, and seize, tainted property

35 Powers to search for, and seize, tainted property

(1) A police officer may: (a) search a person for tainted property; and (b) seize any property found in the course of the search that the police officer believes, on reasonable grounds, to be tainted property; but only if the search or seizure, as the case requires, is made: (c) with the consent of the person; (d) under a warrant issued under section 36; or (e) under section 38. (2) A police officer may: (a) enter upon land, or upon or into premises; (b) search the land or premises for tainted property; and (c) seize any property found in the course of the search that the police officer believes, on reasonable grounds, to be tainted property; but only if the entry, search or seizure, as the case requires, is made: (d) with the consent of the occupier of the land or premises; (e) under a warrant issued under section 36; or (f) under section 38. (2A) A police officer is not empowered to do anything under this section after the commencement of the Proceeds of Crime Act 2002 unless it is done under a warrant issued under section 36 of this Act for which an application was made under that section before that commencement. (3) Where a police officer may search a person under this Division, the police officer may also search: (a) the clothing that is being worn by the person; and (b) any property in, or apparently in, the person’s immediate control. (4) Nothing in this Division shall be taken to authorise a police officer to carry out a search by way of an examination of a body cavity of a person.