4 S&S 2012 Flashcards
What should all searches be?
Lawful and reasonable
Search Hierachy
Warrant
Warrantless power
Consent
For any search to be lawful you must?
Execute a warrant power
Exercise a warrantless power
Have the persons consent
All powers to search places, vehicles and things have what?
Associated power to seize anything subject of the search or may be lawfully seized
A number of other associated powers
s7 S&S 2012
Entry to arrest person unlawfully at large
SUSPECT person is unlawfully at large and BELIEVE person is in a place or vehicle
s8 S&S 2012
Entry to avoid loss of offender or evidential material
s14 S&S 2012
Entry to prevent offence or respond to risk to life or safety
(Take any action reasonable in the circumstances)
s15 S&S 2012
Entry and search of places to avoid loss of evidential material
(Offences 14 yrs +)
s83 S&S 2012
Entry and search of places after arrest
Believe evidence is at the place and will be CADD
Age limit for a consent searches?
A person under 14 years of age cannot consent to the search of a place, vehicle or thing - unless found driving a vehicle
What is implied licence?
Persons can enter private property as necessary to make an enquiry of an occupier for a reasonable purpose or lawful enquiry.
Implied licence can be revoked by the occupier at any time
s117 Power to Secure a scene
How long can you exercise this power?
Expiry of 6 hours from when the power is exercised
Warrant is available for execution
Application for a warrant is refused
s131 (Q)
Identification and announcement requirements?
Before initial entry:
Announce intention to enter and search the place, vehicle or thing
Identify yourself
Produce ID if not in uniform
Provide a copy of the search warrant
s121 S&S 2012
Stopping vehicles with or without warrant to search
s9 - You may stop a vehicle without warrant to effect arrest if?
Reasonable grounds to suspect a person is unlawfully at large
OR
Has committed an offence punishable by imprisonment
AND
Believe person is in/on the vehicle
May require that person to supply particulars
Actions authorised by search powers
s110
Every search power authorises you to
…
Bring and use equipment including using electricity from the place vehicle or thing
s32 (Q)
What may you do when a road block is authorised?
Establish the road block
Stop vehicles
Require particulars
Search vehicle (believe person is in vehicle)
s30
Who can authorise a road block?
A senior constable, meaning a constable holding or acting in a position level of sergeant or above
3 types of searches?
Rub down
Strip search
Internal search
s85 (Q)
Reason for a rub down search?
To ensure person not carrying anything that may be used to:
Harm any person or
Facilitate escape
s125 (Q)
When exercising a power to search a person you must?
Identify yourself
State the act and reason for search
Produce ID if not in uniform
Provide inventory of items seized
s87
Visual examination - what is it?
Rub down search may include a visual examination of the mouth, nose and ears but must not include insertion of any instrument into those orifices (may illuminate or magnify)
