Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p20
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 47499–50149

person assisting suspects on reasonable grounds that the person has any evidential material in his or her possession; and

        (ii) to seize any such material found in the course of the search.

"(2) Without limiting the generality of the powers conferred by a warrant issued in respect of premises that are not a conveyance or a container, the warrant extends to every conveyance or container on the premises.

"(3) Without limiting the generality of the powers conferred by a warrant issued in respect of premises that are a conveyance, the warrant:

    (a) permits entry of the conveyance, wherever it is; and

    (b) extends to every container on the conveyance.

"(4) A warrant issued in respect of premises that are a container permits entry of the container, wherever it is, to the extent that it is of a size permitting entry.

"(5) If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours.

"(6) If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised must not be done under the warrant.

Use of equipment to examine or process things

"200.(1) The executing officer or a person assisting may bring to the warrant premises any equipment reasonably necessary for the examination or processing of things found on or in the premises in order to determine whether they are things that may be seized under the warrant.

"(2) If:

    (a) it is not practicable to examine or process the things on or in the warrant premises; or

    (b) the occupier of the premises consents in writing;

the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized under the warrant.

SCHEDULE 4—continued

"(3) If things are moved to another place for the purpose of examination or processing under subsection (2), the executing officer must, if it is practicable to do so:

    (a) inform the occupier of the address of the place and the time at which the examination or processing will be carried out: and

    (b) allow the occupier or his or her representative to be present during the examination or processing.

"(4) The executing officer or a person assisting may operate equipment already on or in the warrant premises to carry out the examination or processing of a thing found on or in the premises in order to determine whether it is a thing that may be seized under the warrant if the executing officer or person assisting believes on reasonable grounds that:

    (a) the equipment is suitable