Detention of person at search scene

118 Powers of detention incidental to powers to search places and vehicles

(1)

If any constable or other person, or a person assisting any constable or other person, exercises a search power in relation to a place or vehicle, that constable or other person may, for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search, detain any person—

(a)

who is at the place or in or on the vehicle at the commencement of the search; or

(b)

who arrives at the place or stops at, or enters, or tries to enter, the vehicle while the search is being carried out.

(2)

A person may be detained under subsection (1) for any period that is reasonable, but not for longer than the duration of the search.

(3)

A detention of any person commences under subsection (1) when the constable or other person exercising the search power directs that person to remain at the place or in or on the vehicle and ends when that person is told by the constable or other person, or a person assisting the constable or other person, exercising the search power that he or she is free to leave the place or vehicle.

(4)

Reasonable force may be used for the purpose of effecting and continuing any detention under subsection (1).

(5)

For the purposes of subsection (1), other person means a person to whom section 115(2) applies.