4. Search and Surveillance Act 2012 Flashcards
Evidential Material
In relation to an offence or suspected offence means evidence of the offence or 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
RGTS person is ULAL
AND
RGTB the person is in place or vehicle
s8 SASA 2012
Entry without warrant to avoid loss of offender or evidential material CADD. What grounds?
RGTS person committed offence punishable by imprisonment
AND
RGTB if entry is not effected immediately either or both the following may occur:
- The person will leave the place or vehicle to avoid arrest
- evidential material relating to the offence for which the person will be arrested will be CADD
Only empowers you to search for an arrest person. You may not search for evidential material unless an arrest is made and a search incidental to that arrest is undertaken s83-s88.
s14 SASA 2012
Emergency power of entry.
RGTS Risk to life or safety
Power of entry, not a power of search or detention.
s15 SASA 2012
Entry without warrant to find and avoid loss of EM relating to certain offences. What grounds?
RGTS offence punishable by 14 years or more is being or is about to be committed,
AND
RGTB EM relating to offence is in a place and if entry is delayed in order to obtain a search warrant the EM will be CADD.
This is about urgency, once the scene is secure, warrant should be obtained
s16 SASA 2012
What must you have in order to conduct a warrantless search of a person in a public place for evidential material?
Searching people in public place for evidential material.
RGTB person in public place is in possession of EM relating to 14 year offence
s17. SASA 2012
Entry and search of vehicles in public places for evidential material. What grounds?
RGTB EM relating to 14 year offence is in or on vehicle in public place.
s18(3) SASA 2012
Arms in places or vehicles.
RGTS arms in respect of category 3 or 4 offence or there may be EM for cat 3/4 offence.
Approval from sergeant preferred unless impractical.
s28 SASA 2012
Searching vehicles for offensive weapons.
What grounds?
RGTS person travelling in a vehicle is committing an offence in a public place against section 202A(4)(a) of the crimes act AND vehicle contains knife, offensive weapon or disabling substance.
s29. SASA 2012
Searching vehicle for stolen property in Public Place. What grounds?
RGTB stolen property is in or on any vehicle in a public place.
s83 SASA 2012
Warrantless entry and search of places after arrest.
RGTB EM is at a place
AND
Believe if entry delayed to obtain warrant EM CADD
s84. SASA 2012
Entry and search of vehicle after arrest. What grounds?
RGT 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
- enter and search
- request assistance
- Use reasonable force and respect of property only
- Seize
- Bring and use equipment
- Bring and use dog
- Copy documents
- Access a computer system or other data storage device
- Copy intangible material
- Take photographs and recordings
s117 SASA 2012
Special powers where application for search warrant pending - how long for and what grounds?
RGTB evidential material may be CADD
Power to enter and secure a scene until search warrant obtained OR for 6 hours OR until search warrant is declined
s118 SASA 2012
What are your powers of detention incidental to searches of places and vehicles?
If any Constable or person exercises a search power in relation to a place or vehicle that Constable may for the the purpose of determining whether there is any connection between person and place/vehicle and the object of the search, detain any person who:
- is at the place or in the vehicle at the commencement of the search; or
- arrives at the place or stops at or enters or tries to enter place or vehicle while search is being carried out.
May detain but not for longer than duration of search.