Can the Police stop me in the street and search me or my car?
Usually a Police Officer can only search you personally when he has arrested you. However, there are a number of statutes which give the Police the power to search a person without a warrant in particular circumstances; for example, if a Police Officer has reasonable grounds to suspect that an offence has been committed under the Misuse of Drugs Act or under the Arms Act. The Crimes Act also gives Police the power to search a person without a warrant in some circumstances; for example, if a Police Officer suspects you to be carrying an offensive weapon.
Similarly, the Police may not search your car unless they have good reason to suspect an offence has been committed under legislation such as is mentioned above. For example, you may have been stopped whilst driving pursuant to a Police random check under the Land Transport Act (when the Police carry out random breath tests for driving with excess alcohol) and during such a random check, the Police may indicate to you that they can smell cannabis. They would then invoke the right under the Misuse of Drugs Act to search your vehicle for drugs.
About CBA || Find a Criminal Lawyer || Frequently Asked Questions
Links || Articles || Contact CBA || Members Only || Home
LEGAL DISCLAIMER
Copyright ©2006
Email: President@criminalbar.org.nz
Criminal Bar Assocation.
PO Box 941, Shortland Street, Auckland
All rights reserved.
No part of this publication may be reproduced or stored or
transmitted without prior permission in writing of the Criminal Bar Association.
FirmSite ™ created by Brookers
Ltd.
| 
