Search and Surveillance Act 2012

10 Powers and duties of constable after vehicle stopped

(1)

A constable exercising the stopping power under section 9 may do any 1 or more of the following:

(a)

require any person in or on the vehicle who the constable has reasonable grounds to suspect is unlawfully at large or has committed an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth:

(b)

search the vehicle to locate the person referred to in section 9, if the constable has reasonable grounds to believe that the person is in or on the vehicle:

(c)

search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under section 9, if the person referred to in section 9—

(i)

has been arrested; or

(ii)

is seen fleeing from the vehicle before he or she can be arrested.

(2)

Before conducting a search under a power conferred by subsection (1)(c), a constable must tell the driver the object of the proposed search, if the driver is not the person referred to in section 9.