Western Australian Numbered Acts

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CRIMINAL INVESTIGATION ACT 2006 (NO. 58 OF 2006) - SECT 39

39 .         Vehicle, search of for things relevant to offence

        (1)         If an officer reasonably suspects —

            (a)         that a vehicle is carrying a thing relevant to an offence;

            (b)         that a vehicle is a thing relevant to an offence;

            (c)         that a vehicle is carrying a person against whom an offence may have been, or may be being, committed; or

            (d)         that an offence has been, is being, or is about to be, committed in a vehicle,

                the officer —

            (e)         may stop, enter and search the vehicle;

            (f)         may, under section 46, establish a protected forensic area around or in the vehicle;

            (g)         may, subject to section 146, seize any thing relevant to the offence; and

            (h)         may take any action that is reasonably necessary to stop any offence that is being, or prevent any offence that may be, committed against a person in the vehicle.

        (2)         If an officer doing a search under this section finds a thing relevant to an offence other than the offence giving rise to the search, the officer may, subject to section 146, seize it.

        (3)         If an officer doing a search under this section finds a thing that may be seized under this section, then whether or not the officer seizes it, the officer may do a forensic examination on it.

        (4)         The powers in subsection (1) may be exercised by an officer in the area associated with a dwelling but only if the officer reasonably suspects that —

            (a)         the person in charge of the vehicle does not reside in the dwelling; and

            (b)         the vehicle is not in that area with the express or implied permission of a person who does reside in the dwelling.



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