12.5 Flashcards
What section is “Power to search persons and seize and detain things without warrant”?
Section 21 LEPRA
What does section 21 LEPRA mean?
A police officer may, without a warrant, stop, search and detain a person and seize anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that he person has:
- Anything stolen or otherwise unlawfully obtained
- Anything used or intended to be used in a relevant offence
- A dangerous article that is being or was used in or in connection a relevant offence
- A prohibited plant or a prohibited drug.
What are the elements of “reasonable suspicion” (remember T.H.I.S)
- Time and location
- History (eg: person, location, vehicle).
- Intelligence available (must be current)
- Situation in which the interaction is taking place
What can an officer seize and detain under section 21 LEPRA
- Anything stolen or otherwise unlawfully obtained
- Anything used or intended to be used in or in connection with the commission of a relevant offence
- A dangerous article that is being or was used in or in connection with the commission of a relevant offence
- A prohibited plant or a prohibited drug
What section is “Power to search persons for dangerous implements without warrant in public places and schools”
Section 23 LEPRA
What does section 23 LEPRA mean?
A police officer may, without a warrant, stop, search and detain a person who is in a public place or a school, and seize anything under the control of the person, if the police officer suspects on reasonable grounds that the person has a dangerous implement in the person’s possession control.
In regards to section 23 and being at a school, what else can be searched?
The police officer may also search the person’s locker at the school and examine any bag or other personal effect that is inside the locker.
Must a police officer, in relation to section 23, allow the student to nominate an adult to be present for searches?
Yes, In conducting a search of a student in a school under this section, a police officer must, if reasonably possible to do so, allow the student to nominate an adult who is on the school premises to be present during the search
What is a “What is a dangerous implement”
Dangerous Implement = Knife, Offensive implement and Dangerous article
What section is “Power to carry out search on arrest”
Section 27 LEPRA
What does section 27 LEPRA mean?
A police officer who arrests a person may search the person if the officer suspects on reasonable grounds that the person has anything:
- That would present a danger to a person
- That could be used to assist a person to escape from lawful custody
- That is relevant to an offence has been committed
- That will provide evidence of the commission of an offence
- That was used or is intended to be used in an offence.
What must an officer suspect on reasonable grounds to do a section 27 search?
A person is carrying anything
(a) that would present a danger to a person, or
(b) that could be used to assist a person to escape from lawful custody.
Do you need reasonable suspicion for a section 27 LEPRA search?
Yes
Do you need reasonable suspicion for a section 21 LEPRA search?
Yes
Do you need reasonable suspicion for a section 23 LEPRA search?
Yes
Do you need reasonable suspicion for a section 28A LEPRA search?
No
What section is “Power to carry out search of person in lawful custody after arrest”
Section 28A LEPRA
What does section 28A LEPRA mean?
(1) A police officer may search a person who is in lawful custody after arrest and seize and detain anything found on that search.
What section is “Searches generally”
Section 30 LEPRA
What can a police officer do/ what are the rules of a general search?
A police officer may,
- Quickly run his or her hands over the person’s outer clothing
- Require the person to remove any outter clothing
- Examine anything in the possession of the person
- Pass an electronic metal detection device over the person and their belongings
- Do any other thing authorised by this Act for the purposes of the search
What section is “Strip searches”
Section 31 LEPRA
What does section 31 mean?
A police officer may carry out a strip search of a person if the police officer suspects on reasonable grounds that the strip search is necessary.
Can be carried out in a police station/place of detention or any other place ONLY IF the police officer suspects on reasonable grounds that the strip search is necessary for the seriousness and urgency of the circumstances make the strip search necessary.
What are the 3 C’s in relation to searching
Consent
Cooperation
Comply
“I do not need your Consent for this search, I ask for your Cooperation. If you do not Comply you may be committing an offence”
