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Search procedures

A person delivered into the custody of a police station can be subjected to a general search conducted by a police officer, medical practitioner or registered nurse and have items removed from their person [see Summary Offences Act 1953 (SA) ss 81 and 81(2)(a)].

Only a medical practitioner or a registered nurse may carry out an intrusive search (an internal search involving the introduction of anything into a bodily orifice). The arrested person has a right to arrange for (at the arrested person’s expense) a medical practitioner or registered nurse of their choice to witness an intrusive search [see s 81(2)(c); and s 81(6) for definitions of searches].

Should an intimate search (a search involving contact with intimate parts of the body and including an intimate intrusive search) be required, the search must be conducted by a person of the same sex or gender identity (unless the arrested person requests otherwise), and be recorded on videotape (except where the arrested person objects) [see ss 81(3)(d), 81(3)(e), 81(3)(f), 81(3)(g) and 81(3a)].

The provisions under the Criminal Law (Forensic Procedures) Act 2007 (SA) do not apply to the search of a person [see Criminal Law (Forensic Procedures) Act 2007 (SA) s 4(1)(b); and Forensic Procedures (below)].

Search procedures  :  Last Revised: Mon May 21st 2012