Powers of search incidental to powers of arrest

119 Powers of search by person who has power of arrest

(1)

If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get onto the vehicle, if the person conducting the search has reasonable grounds to believe that evidential material that is the object of the search is on that person.

(2)

If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get into or onto the vehicle, if the person conducting the search—

(a)

has reasonable grounds to suspect that the person is in possession of a dangerous item that poses a threat to safety; and

(b)

believes that immediate action is needed to address that threat.

(3)

If any item referred to in subsection (2)(a) is seized, it must, unless possession of the item constitutes an offence, be returned to the person from whom it was taken either—

(a)

once the search has been completed; or

(b)

when the person who conducted the search is satisfied that there is no longer any threat to safety.