Section 41Part 4 — Powers, Duties and Privileges of Police Officers
Power of police officer to stop and search persons, vehicles, etc.
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41. (l) A police officer may exercise any power conferred by this section —
in any place to which at the time when the police officer proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or
in any other place to which people have ready access at the time when the police officer proposes to exercise the power but which is not a dwelling.
Subject to subsections (3) to (5), a police officer —
may search —
any person or vehicle; or for stolen or prohibited articles or any article to which subsection (9) applies; and
anything which is in or on a vehicle,
may detain a person or vehicle for the purpose of such a search.
This section does not give a police officer power to search a person or vehicle or anything in or on a vehicle unless the police officer has reasonable grounds for suspecting that that police officer will find stolen or prohibited articles or any article to which subsection (9) applies.
If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a police officer may not search that person in the exercise of the power conferred by this section unless the police officer has reasonable grounds for believing —
that the person does not reside in the dwelling; and
that the person is not in the place in question with the express or implied permission of a person who resides in the dwelling.
If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a police officer may not search the vehicle or anything in or on it in the exercise of the power conferred by this section unless the police officer has reasonable grounds for believing —
that the person in charge of the vehicle does not reside in the dwelling; and Section 42 Police Act (2021 Revision) Page 38 Revised as at 31st December, 2020 c
that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.
If in the course of a search under subsections (4) and (5), a police officer discovers an article which the police officer has reasonable grounds for suspecting to be a stolen or prohibited article or an article to which subsection (9) applies, the police officer may seize it.
An article is prohibited for the purposes of this Part if it is —
an offensive weapon, prohibited weapon or restricted weapon within the meaning of section 78 of the Penal Code (2019 Revision); or
an article —
made or adapted for use in the course of or in connection with an offence to which this subsection applies; or person or by some other person.
intended by the person having it with that person for such use by that
The offences to which subsection (7) applies are —
burglary;
theft;
offences under section 90 of the Traffic Act (2021 Revision); and
offences under section 247 of the Penal Code (2019 Revision).
This subsection applies to any article in relation to which a person has committed, or is committing or is going to commit, an offence under section 80 or 81 of the Penal Code (2019 Revision).
Nothing in this Act shall derogate from a police officer’s powers of search under section 82 of the Penal Code (2019 Revision), Part VI of the Firearms Act (2008 Revision) or the Misuse of Drugs Act (2017 Revision).
The search of a person under this section shall be carried out by a police officer of the same gender as that person.