Searching Persons without a Warrant
The Police Powers and Responsibilities Act permits police officers to search persons without a warrant.
The authority of the police to search a person without a warrant is dependent upon the existence of a ‘prescribed circumstance’. If a police officer reasonably suspects that a ‘prescribed circumstance’ exists. The prescribed circumstances in which an officer may search a person without a warrant includes circumstances in which the person is reasonably suspected to be in possession of:
a weapon, knife or explosive;
an item which the person intends to use to cause harm to any person;
a dangerous drug;
stolen, illegally obtained or tainted property;
evidence of the commission of an offence punishable by a minimum of seven (7) years imprisonment, which the police officer reasonably suspects may be concealed or destroyed if a search is not conducted;
an implement of housebreaking, motor vehicle theft or drug use.
Searching Vehicles without a Warrant
An identical set of rules apply to police searches of vehicles without a search warrant. A police officer may stop and search a vehicle, together with anything in it, if any of the above ‘prescribed circumstances’ exist.
When searching a vehicle, the police are allowed to enter, re-enter and stay in the vehicle as often, and for as long, as is necessary to properly carry out their search. The police also have the power to move a vehicle to an appropriate place for a search, in particular if it is impracticable to search the vehicle where stopped.
