4. Search and Surveillance Act 2012 Flashcards
Evidential Material
In relation to an offence or suspected offence means evidence of the offence o any other item tangible or intangible of relevance to the investigation or offence
Reasonable Grounds to Believe
Having sound basis for believing that a circumstance actually exists
Reasonable Grounds to Suspect
Having a sound basis for suspecting a circumstance is likely to exist
s7. SASA 2012
Entry to arrest person unlawfully at large
s8 SASA 2012
Entry to avoid loss of offender or evidential material.
CADD
s14 SASA 2012
Emergency power of entry.
SUSPECT Risk to life or safety
s15 SASA 2012
SUSPECT. Entry and search of places to find and avoid loss of evidential material.
This is about urgency, once the scene is secure, warrant should be obtained
s16 SASA 2012
Searching people in public place for evidential material.
BELIEVE 14 year offence
s17. SASA 2012
Entry and search of vehicles in public places for evidential material.
BELIEVE 14 year offence
s18(3) SASA 2012
Arms in places or vehicles..
Suspect arms in category 3 or 4 offence.
Approval from sergeant needed
s28 SASA 2012
Searching vehicles for offensive weapons.
SUSPECT
s27. SASA 2012
Searching person in public place for offensive weapon
s29. SASA 2012
Searching vehicle for stolen property.
Public Place
s83 SASA 2012
Entry and search of places after arrest.
BELIEVE CADD
s84. SASA 2012
Entry and search of vehicle after arrest.
BELIEVE evidential material relating to the offence for which they are arrested is in te vehicle
s110 SASA 2012
Police actions authorised by search powers
s117 SASA 2012
Power to secure a scene until search warrant obtained OR for 6 hours OR until search warrant is declined
s118 SASA 2012
Powers of detention incidental to searches of places and vehicles.
s119 SASA 2012
Powers to search persons at a place or vehicle found during a search
s120 SASA 2012
In fresh pursuit of an offender who absconds from targeted search. May enter a place or vehicle to apprehend
s127 SASA 2012
If search warrant to enter and search vehicles, you can enter any place where you have RGTB that vehicle is
s131 SASA 2012
Identify yourself and produce copy of warrant UNLESS dangerous or impractical, or no one is home
s117 SASA 2012
IF warrantless, identify self, intention and act you are working under
s116 SASA 2012
Securing the scene to be searched
s112 SASA 2012
You may remove an item for the purpose of testing/figuring out if it is the item you are searching for in places of uncertainty.
s133 SASA 2012
Inventory of all items seized within 7 days.
s121 SASA 2012
Stopping vehicles with or without warrant to search
s128 SASA 2012
Duty to remain stopped for as long as reasonably necessary
s122 SASA 2012
Moving vehicle for purpose of search or safekeeping
s9 SASA 2012
Stopping vehicles without warrant to effect arrest
s18(1)&(2) SASA 2012
Warrantless search of person in possession of arms. Approval from sergeant or above first
s27 SASA 2012
Warrantless searches of people for offensive weapons
s85 SASA 2012
Rub-down search of arrested or detained people
s88 SASA 2012
Warrantless search after detention for evidential material.
BELIEVE
May include strip searches