Document ID: chunk:federal_register_of_legislation:C2023C00229:section:38v
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 38V
Character Range: 172229–172887

38V  Power to search an arrested person
 (1) The police officer arresting the person, or any police officer who is present at the arrest, may:
 (a) if he or she believes on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying any seizable items—conduct a frisk search of the person at, or soon after, the time of arrest; or
 (b) if he or she suspects on reasonable grounds that the person is carrying any seizable items—conduct an ordinary search of the person at, or soon after, the time of the arrest.
 (2) The police officer may seize any seizable items found as a result of the search.

Division 5—General