Western Australian Current Acts

CRIMINAL INVESTIGATION ACT 2006 - SECT 33

33 .         Public open area, search powers in

        (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.