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Police officers in various jurisdictions have power to search members of the public, for example, for weapons, drugs and stolen property. [1] This article concerns searches of members of the public who have not been arrested and who are not held in detention. For search powers in relation to those persons see Search on arrest and Searches in ...
A law enforcement agency (LEA) has powers, which other government subjects do not, to enable the LEA to undertake its responsibilities. These powers are generally in one of six forms: Exemptions from laws; Intrusive powers, for search, seizure, and interception; Legal deception; Use of force and constraint of liberty; Jurisdictional override ...
The Law Enforcement (Powers and Responsibilities) Amendment (Search Powers) Act 2009 commenced on 29 May 2009. It introduced a new section (75A) relating to police search powers, which allows "a person executing or assisting in the execution of a warrant" to bring equipment to the premises and operate it in order to inspect specific objects.
An investigation was carried out after the Criminal Justice Alliance submitted a super-complaint amid concerns about the use of the powers. Police ‘must do more to minimise harm’ of stop and ...
Dareton police search the vehicle of a suspected drug smuggler in Wentworth, in the state of New South Wales, Australia, near the border with Victoria.. Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and ...
Getting a search warrant is a process that begins in a police department with an application and ends with a specific and restricted list of items allowed to be seized from a given premises.
Stop and search or Stop and frisk is a term used to describe the powers of the police to search a person, place or object without first making an arrest. Examples in specific jurisdictions include: Powers of the police in England and Wales § Search without arrest in England and Wales
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.