33Search warrant

33 Search warrant S. 33(1) amended by Nos 26/2004 s. 15(c), 25/2009 s 35(1), 37/2014 s. 10(Sch. item 163.3). (1) A police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises or a particular vehicle located in a public place if the police officer suspects on reasonable grounds that there is, or may be within the next 72 hours, on the premises or on or in the vehicle a particular thing that may be evidence of an offence against this Act. S. 33(2) amended by Nos 26/2004 s. 15(c), 25/2009 s. 35(2)(a), 37/2014 s. 10(Sch. item 163.3), 6/2018 s. 68(Sch. 2 item 121.5). (2) If a magistrate is satisfied by evidence on oath or by affirmation or by affidavit that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on the premises or on or in the vehicle located in a public place a particular thing that may be evidence of an offence against this Act, the magistrate may issue a search warrant authorising a police officer named in the warrant and any assistants the police officer considers necessary— S. 33(2)(a) amended by No. 25/2009 s. 35(2)(b). (a) to enter, by force if necessary, the premises or vehicle or part of the premises or vehicle named or described in the warrant; and S. 33(2)(b) substituted by No. 25/2009 s. 35(2)(c). (b) to search the premises or vehicle or any person found on the premises or on or in the vehicle for any thing named or described in the warrant; and (c) to seize any thing referred to in paragraph (b). (3) In addition to any other requirement, a search warrant issued under this section must state— (a) the offence suspected; and S. 33(3)(b) amended by No. 25/2009 s. 35(3). (b) the premises or vehicle to be searched; and (c) a description of the thing to be searched for; and (d) any conditions to which the warrant is subject; and (e) whether entry is authorised to be made at any time or during stated hours; and (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (4) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and in the form prescribed under that Act. (5) The rules to be observed with respect to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to warrants under this section.