Section 75Part 4 — Powers, Duties and Privileges of Police Officers
Search upon arrest outside of police station
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75. (1) A police officer may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the police officer has reasonable grounds for believing that the arrested person may present a danger to themselves or others.
Subject to subsections (3) to (5), a police officer shall also have power in that case —
to search the arrested person for anything —
which the arrested person might use to assist that arrested person to escape from lawful custody; or
which might be evidence relating to an offence; and
to enter and search any premises without a warrant in which the arrested person was when arrested or immediately before the arrested person was arrested for evidence relating to the offence for which the arrested person was arrested.
The power to search conferred by subsection (2) is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence. Section 76 Police Act (2021 Revision) Page 70 Revised as at 31st December, 2020 c
The powers conferred by this section to search a person —
are not to be construed as authorising a police officer to require a person to remove any more of that person’s clothing in public than is reasonably necessary; and
are to be construed as authorising a search of the person’s mouth.
A police officer may not search a person in the exercise of the power conferred by subsection (2)(a) unless the police officer has reasonable grounds for believing that the person to be searched may have concealed on that person anything for which a search is permitted under that paragraph.
A police officer may not search premises in the exercise of the powers conferred by subsection (2)(b) unless the police officer has reasonable grounds for believing that there is evidence for which the search is permitted under that paragraph.
A police officer searching a person in the exercise of the power conferred by subsection (1) may seize and retain anything the police officer finds, if the police officer has reasonable grounds for believing that the person searched might use it to cause physical injury to themselves or to any other person.
A police officer searching a person in the exercise of the power conferred by subsection (2)(a) may seize and retain anything the police officer finds, if the police officer has reasonable grounds for believing —
that the person might use it to assist that person to escape from lawful custody; or
that it is evidence of an offence or has been obtained in consequence of the commission of an offence.
Nothing in this section shall be taken to affect the power conferred by the Terrorism Act (2018 Revision).
The search of a person under this section shall be carried out by a police officer of the same gender as that person.