ABSTRACT

There is no power to detain especially conferred on officers by s 60 in order to carry out the search, but it does make failure to stop a summary offence. As it stands, there is nothing in s 60 which would permit an officer to use any force to conduct a non-consensual search. It is possible that the courts will imply such a power. When conducting the search the officer must give the suspect his or her name, the police station to which he or she is attached, the authorisation for the search, and the reason for the search. It seems that failure to comply with these conditions will make the search unlawful: Fennelley.