(1) If an officer
reasonably suspects —
(a) that
a thing relevant to an offence; or
(b) that
a person against whom an offence may have been, or may be being, committed,
is in a public open
area, then, subject to this section, the officer may exercise in the area any
of the powers that could be exercised under a search warrant if it were issued
in respect of the area for the purposes of searching it for the thing or
person.
(2) An officer
exercising such a power must not damage or destroy any thing in the public
open area, or dig up the ground, or seize any thing that is attached to the
land, without the informed consent of the person who has the control or
management of the area.
(3) Subsection (2)
does not prevent the seizing of any plant that it is unlawful to possess.
(4) This section does
not prevent an officer from applying for a search warrant for a place that is
a public open area.