(2) If a constable has reasonable grounds to suspect that a person is in possession of a controlled drug in contravention of the Act, the constable may -

- search that person, and detain him for the purpose of searching him;
- search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control to stop it;
- seize and detain anything found in the course of the search which appears to the constable to be evidence of an offence under the Act.

(4) A person commits an offence if he -

- intentionally obstructs a person in the exercise of his powers under this section; or
- conceals from a person acting in the exercise of his powers under subsection (1) above any such books, documents, stocks or drugs as are mentioned in that subsection; or
- without reasonable excuse (proof of which shall lie on him) fails to produce any such books or documents as are so mentioned where their production is demanded by a person in the exercise of his power under that subsection.

Arrest without warrant

Triable either way

Maximum 2 years imprisonment and/or fine

This power is exercisable anywhere

Searches under Section 23 must be carried out in same way as a search under Section 1 PACE. GOWISELY must be given. You cannot remove more than outer coat, jacket and gloves in public.

Searching a suspect's mouth for drugs is not classed as an intimate search. But GOWISELY should be given before doing so if practicable.

Controlled Drug - As classified in Schedule 2 of the Act.

Intentionally Obstructs - Doing a deliberate act.

Conceals - To hide, keep secret from, or refrain from disclosing or divulging

Reasonable Excuse - Likely or appropriate justification for an action.