Searching Vehicles
As an exception to the need for a warrant to search a vehicle:
Police can stop and detain (the vehicle and the occupants) and search the vehicle (and anything in it) for anything relevant that is reasonably suspected to exist in prescribed circumstances OR if reasonably suspect vehicle is being used unlawfully/person in it may be arrested without warrant/under a prison warrant. They can then seize evidence of the commission of an offence or anything that the person intends to cause harm to a person: s 31 Police Powers and Responsibilities Act 2000 (Qld).
Police can stop and detain (the vehicle and the occupants) and search the vehicle (and anything in it) for anything relevant that is reasonably suspected to exist in prescribed circumstances OR if reasonably suspect vehicle is being used unlawfully/person in it may be arrested without warrant/under a prison warrant. They can then seize evidence of the commission of an offence or anything that the person intends to cause harm to a person: s 31 Police Powers and Responsibilities Act 2000 (Qld).
Prescribed circumstances are when something in the vehicle that (32 Police Powers and Responsibilities Act 2000 (Qld)):
'(a) may be a weapon or explosive a person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or
(b) may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm--
(i) because of the person’s mental and physical fitness; or
(ii) because a domestic violence order has been made against the person; or
(iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or
(c) may be an unlawful dangerous drug; or
(d) may be stolen property; or
(e) may be unlawfully obtained property; or
(f) may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; or
(g) may be evidence of the commission of an offence against any of the following--
• the Racing Act 2002
• the Corrective Services Act 2006, section 128, 129 or 132
• the Nature Conservation Act 1992; or
(h) may have been used, is being used, or is intended to be used, to commit an offence that may threaten the scurity or management of a prison or the security of a prisoner; or
i) may be tainted property; or
(j) may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or
(k) may be evidence of the commission of an offence against the Criminal Code, section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or
(l) may be evidence of the commission of an offence against the Summary Offences Act 2005, section 17, 23B or 23C; or
(m) may be something the person intends to use to cause harm to himself, herself or someone else.'
However, see the cases that explain that to use this provision the vehicle and its occupants must be detained (so if it is parked somewhere and the owner of the vehicle is somewhere else - only returning later) this provision cannot be used. An occupant must be inside the vehicle: R v Keen [2015] QSC 7.
'(a) may be a weapon or explosive a person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or
(b) may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm--
(i) because of the person’s mental and physical fitness; or
(ii) because a domestic violence order has been made against the person; or
(iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or
(c) may be an unlawful dangerous drug; or
(d) may be stolen property; or
(e) may be unlawfully obtained property; or
(f) may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; or
(g) may be evidence of the commission of an offence against any of the following--
• the Racing Act 2002
• the Corrective Services Act 2006, section 128, 129 or 132
• the Nature Conservation Act 1992; or
(h) may have been used, is being used, or is intended to be used, to commit an offence that may threaten the scurity or management of a prison or the security of a prisoner; or
i) may be tainted property; or
(j) may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or
(k) may be evidence of the commission of an offence against the Criminal Code, section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or
(l) may be evidence of the commission of an offence against the Summary Offences Act 2005, section 17, 23B or 23C; or
(m) may be something the person intends to use to cause harm to himself, herself or someone else.'
However, see the cases that explain that to use this provision the vehicle and its occupants must be detained (so if it is parked somewhere and the owner of the vehicle is somewhere else - only returning later) this provision cannot be used. An occupant must be inside the vehicle: R v Keen [2015] QSC 7.