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Nov 9 > 1 From Mel/Semu Did Get In Exam > Flashcards

1 From Mel/Semu Did Get In Exam Flashcards

1
Q

HOW TO COMPLY
To meet the objectives and obligations when carrying out entries, searches and inspections, productions, examinations,seizures, road blocks and stopping vehicles police will

COPS

A
  • only seize what police are lawfully entitled to seize
  • provide appropriate announcements and identification in the exercise of those powers
  • satisfy requirements detailed in the act (eg notice and inventory requirements after search or seizure)
  • conduct risk assessments when planning the exercise of those powers and take action to mitigate risks to protect the safety of public and staff
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2
Q

CONSENT SEARCH
Rules surrounding a person under the age of 14yrs

SA

A

Person under 14yrs is unable to consent to the search of a place vehicle or other thing (unless they are found driving with no passenger of or over 14yrs with authority to consent to the vehicles search)

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3
Q

AWOCA - If a person resists a search use the AWOCA process

A

ASK- greet person and ID yourself
• ask the person to comply with your search

WHY- give the reasons for your actions

  • intention for search under the S&S act 2012
  • based on belief/suspicion

OPTIONS - present options:
•allow search or
•be arrested for obstruction

CONFIRM - confirm that person understands the options

ACTION - take action
•arrest for obstruction

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4
Q

AWOCA- if a person resists a search use AWOCA PROCESS

A

Work through AWOCA to warn the person and arrest them for obstruction if necessary.

You can then carry out a sec 85 (rub down) or sec 88 (warrantless search of arrested or detained person) search.

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5
Q

Detained person tries to leave/person arrives at search place

A

If the person who is detained for the search tries to leave the place or vehicle you can use reasonable force to DETAIN the person to be searched

If someone else arrives at the place or vehicle and starts talking to the person you have detained under section 118 depending on the circumstances you may:

  • EXCLUDE that person from the search scene if you have reasonable grounds to believe the person will obstruct or hinder your powers (sec 116 (1) (b)
  • DETAIN that person to determine if there is any connection between them and the object of your search sec 118 (1)
  • SEARCH that person if you have reasonable grounds to believe that they may have evidential material on them sec 119(1)
  • SEARCH that person if you have reasonable grounds to suspect they may have a dangerous item that poses a threat to safety and you believe you need to act immediately to address that threat sec 119(2)(a)(b)
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6
Q

PRIVILEGED MATERIAL and NO PRIVILEGE INFORMATION

SA

A

Privileged material
Allows the holders of particular information to refuse to disclose this information. This information is recognised as “privileged” under the search and surveillance act

No privilege
If the information is made received complied or prepared for a dishonest purpose or to enable or aid any person to commit an offence

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7
Q

RECOGNISED PRIVILEGE MATERIAL

A

Recognised privileged material includes material gained through communication wit

Legal advisors
Journalists
Medical practitioners
Informers (informants)

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8
Q

SEARCH WARRANTS

Before making an online application for a search warrant you must

A
  1. •RGTS an offence punishable By imprisonment has been, is being will be, or about be committed

•RGTB The search will find evidential material in respect of the offence in the place vehicle other thing or facility

  1. Have CHECKED THE TARGET/S history in NIA for other search warrant applications/outcomes
  2. Have ASSESSED THE RISKS associated with executing the search warrant
  3. obtained INITIAL APPROVAL from a supervisor or Above rank of Sgt to proceed with the online application
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9
Q

Scenario one

A

You are going to apply for a search warrant for a gang members house to look for a weapon used in an assault.

What if you know there are likely to be children in the house?

The children should be considered as VULNERABLE PEOPLE you will need to plan to keep them safe and minimise harm.

Options include searching the house during school hours when they are are less likely to be home or allocating someone to search for the children and remove them to a safe place.

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10
Q

Scenario two

A

What if you suspect the gang member has several weapons in the house?

Consider the presence of weapons and the likelihood of them being used when undertaking your planned action risk assessment and CARD prompt and TENR risk assessment processes.

For example, you may want to consider involving the AOS. Your key consideration is the safety of police and any people near by. 

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11
Q

Special Power – section 117

Section 117 offers a special power when a search warrant application is pending

A

If a search warrant application is about to be made or has been made and you are waiting to hear it has been authorised and you have RGTB that evidential material maybe CADD or removed before the search and can be assured you may:

  • Enter and secure a place, a vehicle or other thing
  • Secure any item found there
  • Direct any person to assist with entry and securing the place or vehicle or securing items in it
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12
Q

Special power section 117

A

Another situation where the special power could be used is if you arrive at the target address for the search warrant and realise that the address is incorrect, such is a flat or unit number. You could then enter and secure the address until the search warrant has been amended.

Remember that section 117 authorises the securing of the address until a search warrant is obtained. It is not a SEARCH POWER!!


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13
Q

Who can issue a search warrant. Issuing officers are the only people who may issue a search warrant

A

And issuing officer may be a:
-District or High Court judge

Or any person authorised by the attorney general such as a
– justice of the peace
– community magistrate
– registrar
– deputy registrar
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14
Q

An issuing officer may put restrictions on a search warrant including

A

– Restricting the time when the search warrant can reasonably be executed

– requiring the occupier or person in charge of a place to provide reasonable assistance to the officer executing the search warrant

– requiring a report on the search warrant within a specified time

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15
Q

When the search warrant application is refused

When the issuing officer does not sign the search warrant application you should

A

– Record the issuing officers reasons for refusing to sign

– consider the issues raised and if possible re-draft the application, to address those issues

  • resubmit the application to the same issuing officer
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16
Q

When the search on application is refused - If the issues cannot be addressed

A

– Make further enquiries to support (or otherwise) the application

– consider whether to continue your investigation without conducting a search

– if the reasons for declining the warrant seem unjustified submit a report to legal services for direction

17
Q

Who may execute a search warrant

A

The person to whom it is directed or any constable

18
Q

How long is a search warrant valid?

SA

A
  • No more than 14 days from the date of issue as specified by the issuing officer or
  • no more than 30 days from the date of issue as specified by the issuing officer if you have justified why this is necessary and the issuing officer is satisfied
19
Q

When is a search warrant considered executed?

SA

A

 when you (Or anyone assisting you)

  • Have seized the evidential material specified in the search warrant or
  • Leave the place, vehicle or other thing to be searched and do not return within four hours
20
Q

Planning searches and assessing risk

You will have identified risks involved in executing the search warrant when you completed the planned action risk assessment in CARD prompt for the application process

However risk assessment must be ongoing and in preparing a search warrant execution plan you must

A

Search warrant execution plan:

  • review and reassess the identified risks

– work with others to identify and consider any further risks

  • plan how to manage and minimize any identified risks

– determine how risk management will be communicated in your search warrant briefing

21
Q

Safety during search warrant execution

The safety of staff executing a search warrant [and of any other people who may be present at the target] is a primary concern

A

When executing a search warrant you may be required to use reasonable force to:

  • enter the place, vehicle or other thing [section 131]
  • search [on property only] and seize [section 110]
  • Carry out a search of a person [section 125]

Remember to use AWOCA and TENR as required

22
Q

Holding a search warrant briefing

The person in charge of the search warrant briefing should:

A

– Ensure all required staff are present

  • Use maps, charts, diagrams, photographs
  • Provide copies of all important documents
  • Ensure all staff present are clear about there roles and responsibilities
23
Q

Obligation – entry

A

Before or when you enter a place or vehicle to execute a search warrant you must:

– Identify yourself by name or unique identifier QID
– provide evidence of identity if not in uniform
– state the name of the act and reason for your search
– announce your intention to enter and search
Provide a copy of the search warrant

Where occupants are detained for the purpose of search you must advise them of the caution (BOR)

24
Q

What is the duration of a production order

MC

A

Not exceeding 30 days after the date on which the order is made (sec 76)

25
Q

Approval and applying for a production order

Who may apply for a production order

MC

A

Any enforcement officer may apply to an issuing officer for a production order (sec 71(1)

26
Q

Production orders

Grounds for applying for a production order

A

– RGTS that an offence has been, is being, or will be committed

  • RGTB that the documents sought by the proposed order:

Constitute evidential material in respect of the offence

Are in the possession or under the control of the person against whom the order is sought, or will come into the possession or under their control while the order is in force (section 72) 

27
Q

Securing a premises

Premises must never be left unoccupied and insecure after forced entry

A
  • liaise with the owner or occupier to secure their own property
  • Occupier or owners request engage a contractor they will bear costs
  • temporary repair

Nov 9 (5 decks)

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