Commentary First Group of Parts – Discipline Part 3 – Powers of Arrest, Search and Entry Section 79: Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etc
176.This section sets out limitations in respect of the search of persons in certain gardens or on certain other land. These limitations apply equally to service policemen and others authorised to stop and search by virtue of sections 75 or 76. In relation to dwellings or service living accommodation, subsections (1) and (2) set out that a person may only be searched there if the authorising officer or service policeman has reasonable grounds to suspect he neither dwells there nor is there with permission from a person who does. Subsections (3) and (4) apply the same approach to the search of vehicles.