Seizure of items in plain view

123 Seizure of items in plain view

(1)

This section applies to an enforcement officer who, as part of his or her duties,—

(a)

exercises a search power; or

(b)

is lawfully in any place or in or on a vehicle; or

(c)

is conducting a lawful search of a person.

(2)

An enforcement officer to whom this section applies may seize any item or items that he or she, or any person assisting him or her, finds in the course of carrying out the search or as a result of observations at the place or in or on the vehicle, if the enforcement officer has reasonable grounds to believe that he or she could have seized the item or items under—

(a)

any search warrant that could have been obtained by him or her under this Act or any other enactment; or

(b)

any other search power exercisable by him or her under this Act or any other enactment.

(3)

If an enforcement officer seizes any item or items under subsection (2), in circumstances where he or she is not already exercising a search power, the enforcement officer may exercise any applicable power conferred by section 110 in relation to the seizure of the item or items.