4 S&S 2012

Question 1

What should all searches be?

Answer 1

Lawful and reasonable

Question 2

Search Hierachy

Answer 2

Warrant

Warrantless power

Consent

Question 3

For any search to be lawful you must?

Answer 3

Execute a warrant power

Exercise a warrantless power

Have the persons consent

Question 4

All powers to search places, vehicles and things have what?

Answer 4

Associated power to seize anything subject of the search or may be lawfully seized

A number of other associated powers

Question 5

s7 S&S 2012

Answer 5

Entry to arrest person unlawfully at large

SUSPECT person is unlawfully at large and BELIEVE person is in a place or vehicle

Question 6

s8 S&S 2012

Answer 6

Entry to avoid loss of offender or evidential material

Question 7

s14 S&S 2012

Answer 7

Entry to prevent offence or respond to risk to life or safety

(Take any action reasonable in the circumstances)

Question 8

s15 S&S 2012

Answer 8

Entry and search of places to avoid loss of evidential material
(Offences 14 yrs +)

Question 9

s83 S&S 2012

Answer 9

Entry and search of places after arrest

Believe evidence is at the place and will be CADD

Question 10

Age limit for a consent searches?

Answer 10

A person under 14 years of age cannot consent to the search of a place, vehicle or thing - unless found driving a vehicle

Question 11

What is implied licence?

Answer 11

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

Question 12

s117 Power to Secure a scene

How long can you exercise this power?

Answer 12

Expiry of 6 hours from when the power is exercised

Warrant is available for execution

Application for a warrant is refused

Question 13

s131 (Q)

Identification and announcement requirements?

Answer 13

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

Question 14

s121 S&S 2012

Answer 14

Stopping vehicles with or without warrant to search

Question 15

s9 - You may stop a vehicle without warrant to effect arrest if?

Answer 15

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

Question 16

Actions authorised by search powers

s110

Answer 16

Every search power authorises you to
…
Bring and use equipment including using electricity from the place vehicle or thing

Question 17

s32 (Q)

What may you do when a road block is authorised?

Answer 17

Establish the road block

Stop vehicles

Require particulars

Search vehicle (believe person is in vehicle)

Question 18

s30

Who can authorise a road block?

Answer 18

A senior constable, meaning a constable holding or acting in a position level of sergeant or above

Question 19

3 types of searches?

Answer 19

Rub down
Strip search
Internal search

Question 20

s85 (Q)

Reason for a rub down search?

Answer 20

To ensure person not carrying anything that may be used to:

Harm any person or
Facilitate escape

Question 21

s125 (Q)

When exercising a power to search a person you must?

Answer 21

Identify yourself

State the act and reason for search

Produce ID if not in uniform

Provide inventory of items seized

Question 22

s87

Visual examination - what is it?

Answer 22

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)