26VPower to search persons for seizable items

#### 26V Power to search persons for seizable items 26V Power to search persons for seizable items > > (1) In this section— > > > > seizable item means anything that— > > > > > (a) would present a danger to a person, or > > > > > (b) could be used to assist a person to escape from lawful custody, or > > > > > (c) could be used to contact another person or to operate a device remotely, or > > > > > (d) is evidence of, or relates to, a terrorist act. > > > (2) A police officer may, at or soon after the time when a person is taken into custody under a preventative detention order, search the person and anything in the possession of the person in order to ascertain whether the person is carrying any seizable items. > > > (3) A police officer is not authorised to search for evidence of, or relating to, a terrorist act, unless the police officer has reasonable cause to suspect the person is carrying such evidence. > > > (4) The police officer may seize any seizable item found as a result of a search conducted under this section. > > > (5) Division 4 of Part 4 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) extends to the search of a person conducted under this section. However, in addition to section 31 of that Act, a police officer may only strip search a person under this section if the police officer suspects on reasonable grounds that the person is the target of an authorisation within the meaning of Part 2. > > **s 26V:** Ins 2005 No 114, Sch 1 \[1\]. Am 2017 No 40, Sch 1.12 \[2\]; 2018 No 92, Sch 1 \[14\].