4 - Search and Surveillance Act Flashcards
For any search to be lawful you must…
- exercise a warrantless search power
- execute a warrant power
- conduct a search, examination or inspection with the persons consent.
Unlawfully at large means
- has an arrest warrant (excludes fines warrant)
- has escaped from prison
- has escaped from lawful custody
S7 and S8, what are they and what standard of belief etc
s7 - Entry to arrest person unlawfully at large:
- RGTS that a person is unlawfully at large and - RGTB that the person is in the place or vehicle
- you may enter and search to arrest person
s8 - Entry to avoid loss of offender or EM
- RGTS person has committed offence punishable by imprisonment and
- RGTB person is in place or vehicle and
- RGTB if entry not effected immediately, the person will:
- leave the place or vehicle to avoid arrest or
- EM will be CADD
- you may enter place or vehicle and search for person you suspect has committed offence
S14, what is it and standard of belief etc
RGTS in relation to a place or vehicle:
- offence is being, or is about to be committed that would likely cause injury to any person, or serious loss of or serious damage to any property or
- There is a risk to the life or safety of any person that requires emergency response
- you may:
- enter place or vehicle and take any action you have RGTB is necessary to:
- prevent offending from being committed or continuing or
- avert the emergency
S15, 16 and 17, serious offences
S15:
- RGTS offence over 14 years has, is or about to be committed and
- RGTB EM relating to offence is in a place and
- if entry is delayed to obtain SW, the EM will be CADD
- you may enter and search the place
S16:
- RGTB that person in public place in possession of EM relating to offence 14 years
- you may search that person
S17:
- RGTB that EM relating to 14 year offence is in vehicle in a public place
- enter and search vehicle without warrant
S18
Arms in places or vehicles
- RGTS that there are arms in a place or vehicle
- in respect of which Cat 3 or 4 offence or offence against Arms Act has been committed or
- That may be EM in relation to above offences
- you may enter the place or vehicle
- search it
- seize and detain any arms or licence
Can a person under 14 consent to a search of a place or vehicle?
No unless they are driving a vehicle and there is no passenger over 14.
Definition offensive weapon
‘Offensive weapon’ means any article made or altered to use for causing bodily injury, or intended for such use by the person who has it with them.
S9 - Stopping vehicles
You may stop a vehicle without warrant to arrest a person if you have reasonable grounds:
• to suspect that a person:
− is unlawfully at large, or
− has committed an offence punishable by imprisonment, and
• to believe the person is in or on the vehicle.
Establishing a road block, what grounds?
- believe that in or on a vehicle there is a person who you have reasonable grounds to suspect:
− has committed an offence punishable by a term of imprisonment or
− is unlawfully at large, and
• suspect the vehicle will travel past the place where it is proposed the road block be established.
How long can a road block be established?
- is valid for an initial period not exceeding 24 hours specified by the person giving the authorisation, and
- may be renewed from time to time by a district court judge for a single further period not exceeding 24 hours specified in writing by the judge.
People being searched must be treated with…
such dignity, privacy, respect and sensitivity that the individual situation and the safety of employees dealing with them will permit
What does locked up mean?
“Locked up” means a person taken into lawful custody and being placed behind a closed or locked door that prevents them from leaving
