4) Search and Surveillance Flashcards
Define unlawfully at large
- Arrest warrant
- prison breaker
- escapee from custody (under arrest)
- special patient (Mental Health Act))
- special care recipient (Intellectual Disability Act)
- young person absconding from OT custody
What general principles apply during search?
Search and Survellience Act 2012
- Lawful and reasonable
- Search hierachy - warrant/warrantless/consent
- Decision records
- Identification and notice - RAN/RAIN
- Force must be reasonable
- Search/seizure should be witnessed
- Property inventory
Section 7
Search and Survellience Act 2012
RGTB person in place or vehicle and RGTS unlawfully at large
- can enter place or vehicle to search and arrest
Section 8
Search and Survellience Act 2012
RGTS person has committed a imprisonable offence
and
RGTB that they will leave place or vehicle to avoid arrest or
CADD
- Enter place or vehicle to search and arrest
Section 14
Search and Survellience Act 2012
RGTS offence is being committed, cause injury to person or damage property
- Emergency power to enter place or vehicle and take any action required
Section 15
Search and Survellience Act 2012
RGTS serious offence (14+ years)
and
RGTB evidential material present and risk of CADD
* Enter and search
Section 16
Search and Survellience Act 2012
RGTB person in public place in possession evidential material related to a serious offence
* search person
Section 17
Search and Survellience Act 2012
RGTB that a vehicle in a public place contains evidential material related to serious offence
- enter and search
Section 18
Search and Survellience Act 2012
RGTS firearms in any place or vehicle
* enter, search and seize
Section 28
Search and Survellience Act 2012
RGTS that a person in a vehicle is committing an offence in public place and vehicle contains offensive weapon/knife/disabling substance
* search the vehicle
Section 27 - Search person
Section 27
Search and Survellience Act 2012
RGTS person committing offence in public place with offensive weapon/disabling substance
* search the person
Section 29
Search and Survellience Act 2012
RGTB stolen property in a vehicle
* search the vehicle in public place
Section 83
Search and Survellience Act 2012
RGTB evidential material in a place and if entry was delayed CADD would occur
* Enter the place to search
Section 84
Search and Survellience Act 2012
RGTB evidential material from offence is in a vehicle
* Enter and search the vehicle
Consent search
S92: reason to justify
S93: advise person re: consent and refuse
S94: Search unlawful if don’t do 92/93
S95: <14 can’t consent to vehicle/place search except driver and no adult present
<14 can consent to personal search
S96: rules don’t apply when COE include search
Section 110
Incidental powers
Search and Survellience Act 2012
- bring/use equipment from the place
- access a computer/data storage device
- take photographs/drawings
Section 112
Search and Survellience Act 2012
Power to seize items of unknown status if uncertain if can be lawfully seized
Item can be removed pending clarrification
Section 117
Search and Survellience Act 2012
- 6 hour hold on place/vehicle/thing
- until warrant granted
- or refused
Section 118
Search and Survellience Act 2012
Power to detain person associated with vehicle/place
Section 119
Search and Survellience Act 2012
RGTB evidential material
Or
RGTS dangerous item
* Power to search any person at vehicle/place
Section 120
Search and Survellience Act 2012
Person or vehicle leaves that you intend to search
* power to apprehend the person
* or enter any place to apprehend the vehicle or person
Section 123
Search and Survellience Act 2012
Seize item in plain view
If would have been seized under lawful search power
Section 131(1)
Search and Survellience Act 2012
Allows for unannounced entry
* if warning would endanger Police
* Preventing destruction evidence
* Hot pursuit offender
Section 131
Search and Survellience Act 2012
Person present:
* copy of warrant
* or “notice to person present during warrantless search (POL1275)
Not present:
* Copy of warrant and “notice to occupier…”
* Copy of the “notice to person not present during warrantless search (POL1275)
Seized items - within 7 days provide (S133)
* inventory
* copy of authority (warrant/POL1275)
Section 121
Search and Survellience Act 2012
With and without warrant:
Stop a vehicle if grounds exist to search vehicle
Section 122
Search and Survellience Act 2012
If you have lawful authority to search and impracticable
- move the vehicle for safekeeping
Section 128
Search and Survellience Act 2012
Power to require vehicle to remain stopped as long as reasonably necessary - including occupants
Requirements after stopping vehicle:
Section 129
Search and Survellience Act 2012
After stopping vehicle: RAN
Section 9
Search and Survellience Act 2012
Power to stop a car and to enact section 7 or 8
Section 30
Search and Survellience Act 2012
RGTB person in a vehicle
* unlawfully at large or
* committed imprisonable offence
With senior constable/sergeant permisssion
Establish road block for up to 24 hours
Section 11 Custody Search
Search and Survellience Act 2012
Before locked up
Protect the person’s property and remove items that might be used to harm themselves or others
Can only be repeated if:
* in proximity of unsearched person
* RGTB possess something that could hurt self or others
Section 85 Rub Down Search
Search and Survellience Act 2012
Arrested or detained to ensure not carrying
* harm any person
* facilitate the person’s escape
Section 88 Evidential Material
Search and Survellience Act 2012
Rub down search for items:
* harm any person
* facilitate the person’s escape
* RGTB evidential material (eg swabs)
Section 125 obligations
Search and Survellience Act 2012
RAN
Inventory of seized items
Section 169 notifications
Search and Survellience Act 2012
Notify Commissioner - ASAP, no later than end of shift.
any search related to
-warrantless search/entry related to place or vehicles
(except 14, consent or custody/rubdown)
