South Australian Numbered Acts South Australian Numbered Acts179—Stopping and searching vehicles
(1) If an authorised
officer suspects on reasonable grounds that—
(a)
material liable to seizure under this Act is in or on a vehicle; and
(b) it
is necessary to exercise a power under this section in order to prevent the
material from being concealed, destroyed, lost or altered; and
(c)
because the circumstances are serious and urgent, it is necessary to exercise
the power without the authority of a search warrant,
the authorised officer may, with such assistants as he or she considers
necessary—
(d) stop
and detain the vehicle; and
(e)
search the vehicle, and any container in or on the vehicle, for the material;
and
(f)
seize the material if he or she finds it there.
(2) If, in the course
of exercising a power under subsection (1), the authorised officer finds
other material liable to seizure under this Act, the authorised officer may
seize the material if he or she suspects on reasonable grounds that it is
necessary—
(a) to
seize it in order to prevent its concealment, loss or destruction; and
(b)
because the circumstances are serious and urgent, to seize it without the
authority of a search warrant.
(3) An authorised
officer, or a person assisting an authorised officer, may use such force as is
reasonably necessary in exercising a power under this section, but must not
use force to open a part of the vehicle or any container in or on the vehicle
unless the person (if any) apparently in charge of the vehicle has been given
a reasonable opportunity to open that part or container.
(4) The person
apparently in charge of a vehicle need not be given a reasonable opportunity
to open part of the vehicle or a container in or on the vehicle if—
(a) it
is not possible to give the person such an opportunity; or
(b) the
authorised officer, or person assisting an authorised officer, reasonably
suspects that the part or container might be concealed, destroyed, lost or
altered if such an opportunity were given.
Subdivision 4—Dealing with material liable to seizure under this Act