3 In Red May Get Flashcards
UNDERTAKING A CONSENT SEARCH
A person who consents to a search may do why during a consent search
Person who consents to search themselves, place, vehicle or other thing MAY WITHDRAW THEIR CONSENT AT ANY TIME. You must stop immediately u less you invoke a warrantless search power to continue the search
CADD (Warrantless Power)
Examples of CADD
You must be able to explain your RGTB that the evidential material you are searching for will be subject of CADD
CONCEALED- by burying or hiding items in another place or removing items
ALTERED- by changing or removing serial numbers from stolen property in an attempt to disguise it
DAMAGED- by cutting out the firewall of a stolen car to remove an identifying feature
DESTROYED- by consuming food, alcohol or drugs, burning clothing
OBLIGATION - IDENTIFICATION (warrantless search)
When searching a place, vehicle or other thing you MUST comply with the obligations set out under sec 131
Your obligations cover IDENTIFICATION, INTENTION, REASON and NOTICE requirements before initial entry you MUST:
- Identify yourself by name or by unique identifier QID
- provide evidence of identity if not in uniform
- announce your intention to enter and search
- state the name of the act
- give notice by providing a copy of the search warrant
- when you detain a person for a search you must caution them BOR
POWER TO SEARCH A PLACE VEHICLE OR OTHER THING
each search power authorises you to use additional powers when searching a place vehicle or other thing with or without a warrant
Section 110 authorises you to
- enter and search the place vehicle or other thing that you are authorised to enter and search
- search any item or items found
- use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure
- Seize anything subject of the search or anything that maybe lawfully seized
- request assistance with entry and search
- bring and use any equipment
- bring and use a trained law enforcement dog and handler
- copy any doc or part of any doc that may be lawfully seized
- access a computer system or other data storage device
- copy intangible material eg computer data
- take photographs sound and video recordings and drawings
Special rules for searching people sec 125
- You can search any item that the person is wearing, carrying, has in their physical position or immediate control
- any search you undertake must be conducted with decency and sensitivity also conducted in a manner that affords The person being searched the degree of privacy and dignity consistent with achieving the purpose of the search
- Seize any item that the person is wearing carrying or is in the immediate possession if that is the item you are searching for
- Seize any item that may be lawfully seized even if it was not the subject of your search (provide inventory of these items)
Search warrant risk assessment
Any search is inherently risky these risks must be:
- Identified
- assessed
- considered in planning how you execute the search warrant
A planned action risk assessment and card prompt must be completed and TENT applied to assess? Which is TENR
Threat
Exposure
Response (measures to reduce risk)
Necessity
 search warrant briefings
GSMEAC
Ground:
- Location to be searched
- Address
- Neighbours
Situation
– Reason for seeking the search warrant
– background on any suspect(s)
Mission
– address
– suspect (s)
– specific evidential material sought
Execution
- Method of entry
- Responsibilities
- timings
- Recording evidential material
Admin
– travel to and from the place
– timing of the search warrant execution
– recording of evidential material seized
Command and signals – cell phone numbers and radio channels - Before executing the search warrant - During the execution of the search warrant - Debrief
Drug searches and stopping vehicles
Stopping a vehicle for the purposes of search sec 121
Section 121 provides the power to STOP A VEHICLE if you intend to search it
You may use section 1211 to stop a vehicle if you have authority to search the vehicle by
– executing a search warrant or
– using a warrantless power
Production orders – using hearsay evidence
Hearsay evidence can be used to outline the grounds on which the application is made, it is highly reliable. Indicate its reliability by stating
– Sufficient information to prove the reliability of what has been stated
– informants reliability and whether they have given reliable information in the past
Whether the information has been confirmed by other means
SDW need not be obtained- Situations of emergency or urgency sec 48
two key ingredients exist for any situation to be recognised as one of emergency or urgency
INGREDIENT- “entitled to apply”
Entitled to make an application for a SDW
INGREDIENT - “impracticable in the circumstances”
Need to use a device urgently as it is not immediately practicable to obtain a SDW
AND
RGTS and offence has been, is being or about to be committed and is:
- punishable by 14yr imprisonment or more
- use of surveillance device would obtain evidential material in relation to the offence
– And arms act offence
- A drug offence
OR
situation is likely to cause injury or serious property loss Damage and surveillance is necessary to prevent offending from being committed or continuing
Presenting risk to life and safety and surveillance is necessary is an emergency response
Reporting use of a surveillance device and situation of urgency or emergency
When a warrantless surveillance power is exercised in Forssmann officer must provide a notification to a judge when
Within 1 mth after the date of the last day of any period of 48hrs or less over which the surveillance device was used
How long is a surveillance device warrant issued for
No more than 60 days after the date on which the warrant is issued and is in force for that period
