Extradition Act · s 44

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44.
Search and seizure on arrest under warrant
(1) This section applies to a person arrested —
(a) on a warrant issued under this Act; or
(b) on an endorsed warrant.
(2) If a police officer who arrests any person under this Act has reasonable grounds for suspecting that any thing in the vicinity of that person —
(a) may be material as evidence in proving the offence for which the warrant was issued; or
(b) has been acquired by that person as the result of that offence, the police officer may seize that thing.
(3) If a police officer —
(a) arrests a person under this Act; and
(b) has reasonable grounds for suspecting that there is on the person, in his clothing or in or on any thing in the vicinity of that person that is under his apparent control, any thing that —

Extradition
(i) may be material as evidence in proving the offence for which the warrant was issued or for which surrender of that person is sought; or
(ii) has been acquired by that person as a result of that offence, the police officer may search him, his clothing or the thing and may seize any thing found as a result of the search.
(4) Subsection (3) does not authorise a police officer to remove, or to require that person to remove, any of the clothing that he is wearing.
(5) A person shall not be searched except by a police officer of the same sex.
(6) A police officer shall retain in safe keeping any thing seized pending a direction from the Attorney General about how it is to be dealt with.
(7) Nothing in this section prevents or restricts the search of a person or in his clothing or in or on any thing under his immediate control, after he is admitted to a prison after having been arrested for an offence.
(8) The powers conferred by this section are in addition to, and not in derogation of, any other powers conferred by any written law.

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s 44Search and seizure on arrest under warrant

(1)

This section applies to a person arrested —

(a)

on a warrant issued under this Act; or

(b)

on an endorsed warrant.

(2)

If a police officer who arrests any person under this Act has reasonable grounds for suspecting that any thing in the vicinity of that person —

(a)

may be material as evidence in proving the offence for which the warrant was issued; or

(b)

has been acquired by that person as the result of that offence, the police officer may seize that thing.

(3)

If a police officer —

(a)

arrests a person under this Act; and

(b)

has reasonable grounds for suspecting that there is on the person, in his clothing or in or on any thing in the vicinity of that person that is under his apparent control, any thing that —

Extradition

(i)

may be material as evidence in proving the offence for which the warrant was issued or for which surrender of that person is sought; or

(ii)

has been acquired by that person as a result of that offence, the police officer may search him, his clothing or the thing and may seize any thing found as a result of the search.

(4)

Subsection (3) does not authorise a police officer to remove, or to require that person to remove, any of the clothing that he is wearing.

(5)

A person shall not be searched except by a police officer of the same sex.

(6)

A police officer shall retain in safe keeping any thing seized pending a direction from the Attorney General about how it is to be dealt with.

(7)

Nothing in this section prevents or restricts the search of a person or in his clothing or in or on any thing under his immediate control, after he is admitted to a prison after having been arrested for an offence.

(8)

The powers conferred by this section are in addition to, and not in derogation of, any other powers conferred by any written law.