106 Flashcards
What is a Surveillance device
an interception devicea tracking devicea visual surveillance device
When to apply for a search warrant
If you do not believe that the delay involved in obtaining a search warrant will make it impracticable to achieve your purpose
When to use warrantless powers
If you believe that the immediate exercise of the power is necessary to achieve its purpose - obtaining evidence protecting life or safety or arresting a person
When to undertake a consent search
Is not the most desirable action. Consent can be withdrawn at any time
If no one present when search completed what must be done
Copy of search warrant leftIf warrantless search then leave written notice (pol) stating act reason for the search If not practicable then it must be supplied no later than 7 days after the search Must include: Date/time of start and finishName / IDwhether anything been seizedauthority and reason for seizurean inentory of items taken
How long can you detain someone when searching a person
as long a necessary to carry out the search
When must you report the use of a warrantless power
As soon as possibleMust include: short summary, the reasons for exercising the warrantless power, whether any evidential material was seized any criminal proceedings brought or are being consideredPolice policy states that online notifications shall be completed by the end of shift
You do not need to report
A search of a person following an arrestA search of person in lawful custody
Securing a place vehicle or other thing to be search you may
secure the place vehicle or other thing, secure any area within the place etc secure any items found in etc in a reasonable manner and for a reasonable duration(secure means to freeze control preserve)
Entry without warrant to arrest person unlawfully at large- s7
If you have reasonable grounds to suspect that the person is unlawfully at large and to believe that the person is in a place or vehicle - you may enter without warrant to search and arrest
Entry without warrant to avoid loss of offender or evidential material - s8
If you have reasonable grounds to suspect that a person committed an offence punishable by imprisonment and believe that the person is in that place or vehicle and believe that if entry is not effected immediately either or both may occur The person will leaveEvidential material CADD
s9
Stopping a vehicle to find persons unlawfully at largereasonable grounds to suspect that a person is unlawfully at large has committed and offence punishable by imprisonment and you have reasonable grounds to believe that person in the vehicle.
s21 Warrantless search of people found in or on places or vehicles
if you conduct a search of a place or vehicle under s20 you may search any person found in or on - may use force that is reasonable for the purpose of that search
Who can authorise a road block under S&S
Senior Constable. For this senior constables means a constable who holds the rank of sergeant or higher and includes any constable who is acting.
s30 - Warrantless roadblocks
has reasonable grounds to believe that in or on a vehicle there is a person who that have reasonable grounds to suspect has committed and offence punishable by imprisonment or is unlawfully at large and has reasonable grounds to suspect that the vehicle will travel past the place where the road block is proposed and is satisfied the safety of all road users will be ensured
s112 - Seizure of items of uncertain status and in plain view
Exercising a search power and you are uncertain whether any item found may be lawfully seized and it is not reasonable practicable to determine when search takes place you may remove the item for analysis or examination
s123 - seizure of items in plain view
As part of your duties exercise a search power or conducting a lawful search of a person or are lawfully in any place or in or on a vehicle you may seize any items you (or anyone assisting you) find in the course of carrying out the search or as a result of observations at that place or in or on the vehicle and you have reasonable grounds to believe that you could seize the item under and search warrant that you could have obtained or any other search power you may exercise
Who can issue a search warrant, who are issuing officers
District court judgeHigh court judgeA JPCommunity magistrateor registrar or deputy registrar who has been authorised by the attorney general
When can a search warrant be issued
When the issuing officer has reasonable grounds to suspect that an offence specified in the application and punishable by imprisonment has been is being or will be committed andbelieve that a search will locate evidential material relating to the offence specified
Can oral applications for search warrants be given
yes
When does a search warrant report be completed by
report on the execution of a search warrant as soon a practicable preferably before the end of shift and generally no later than 3 days after the power has been exercised
Do you need to complete an issuing officer report
only if requested and within the time frame specified by the issuing officer
What is the period for which the warrant is sought
normally 14 days from the date of issue, but may be up to 30 days where applied for and authorised by the issuing officer
Can you request to be able to execute the search warrant on more than one occasion
yes, but must state the reasons why you believe this is necessary