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.
s119 SASA 2012
Powers of search by person who has power of arrest
If searching place or vehicle, you may search any person found there, or Who arrives at the place or stop at, enters or tries to enter the vehicle if you have RGTB:
EM that is the object of the search is on the person
OR
RGTS The person is possession of a dangerous item that poses a threat to safety and that immediate action is necessary to address that threat
You can seize any such EM or dangerous item from that person
In the case of searches for drugs, you may search any person at the scene as a matter of course under section 19 or 21
s120 SASA 2012
Powers of search when suspect pursued
If you have been freshly pursuing the person from the intended search location until apprehended
AND
you have RGTB that relevant EM is still on the person or in or on the vehicle
You may apprehend the person or enter any place to apprehend the person or vehicle
You can effect the apprehension or undertake the search ONLY if you are the officer and fresh pursuit, unless you are acting as that officers assistant under section 113 and under their direct supervision and control
s127 SASA 2012
Search warrants to enter and search vehicles. What grounds?
If search warrant to enter and search vehicles, you can enter any place where you have RGTB that vehicle is to locate and search it.
s131 SASA 2012
Identification and notice requirements for person exercising search power.
If you exercise a search power on place or vehicle, you must be before your initial entry:
- Announce your intention to enter and search the place, vehicle, or other thing under a statutory power
- Identify yourself or if not in police uniform produce evidence of your identity
You must also either before or on initial entry, provide the occupier of the place or the person in charge of the vehicle a copy of the search warrant or for a warrantless search or securing a scene, state the name of the enactment under which you were searching or proposed to search and the reasons for search unless impractical.
s117 SASA 2012
Special powers where application for search warrant pending
If application for SW is about to be made, officer may enter and secure the place, vehicle, or other thing in respect of the SW.
May be secured until first of the following:
- 6 hours
- warrant is available
- warrant is refused
Must identify self, state name of enactment, and reason for search.
s116 SASA 2012
Securing scene to be searched
If carrying out a search you may:
- Secure the place, vehicle, or other things searched, or any area within that scene, or anything found within that scene
- Exclude any person from the scene area, or give them any other reasonable direction, if you have reasonable grounds to believe they will obstruct or hinder you
If requested by any person affected by the search, you must identify yourself or provide evidence of ID if not in uniform, state the name of the enactment under which the search is taking place.
s112 SASA 2012
Items of uncertain status
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 items seized. What’s the timeframe in which you must provide inventory?
Within 7 days.
s121 SASA 2012
Stopping vehicles with or without warrant to search. What must you do before searching?
May stop vehicle to conduct search under search power.
- identify self by name or ID
- state name of enactment under which search is taking place and reason for search
- if not in uniform produce evidence of ID
s122 SASA 2012
Moving vehicle for purpose of search or safekeeping. What situations?
- if you have lawful authority to search vehicles but is impractical to do so at that place
- if power to arrest persons may move vehicle to another place if RGTB is necessary for safekeeping
s9 SASA 2012
Stopping vehicle to find persons unlawfully at large or who have committed certain offences. What grounds?
RGTS person ULAL or committed imprisonable offence
AND
RGTB person is in or on vehicle
s18(1)&(2) SASA 2012
What grounds must you have in order to conduct a warrantless search of a person in relation to arms?
RGTS person is carrying arms
AND
- in breach of arms act; or
- by reason of physical or mental condition is incapable of having proper control of arms or nah kill or cause GBH; or
- a protection order is in force against that person; or
- there are grounds to apply for a PO against them
Unless impracticable, obtain approval from sergeant or above when exercising warrantless powers for arms.
s27 SASA 2012
What grounds must you have to conduct a search for an offensive weapon under s27?
RGTS person committing offence against s202A(4)(a) of the crimes act
s85-87 SASA 2012
Where person is arrested or detained, in order to ensure they are not carrying anything that may be used to harm any person or facilitate the persons escape, you may conduct a rub down search, searching the persons clothing, and require the person to open their mouth, display palms of hands and soles of feet, and lift or rub hair.
May include visual examination of mouth, nose, and ears but must not include insertion of instrument.
s88 SASA 2012
Warrantless search of arrested or detained person for evidential material or anything that may be used to harm or facilitate escape.
BELIEVE
May include strip searches. Includes taking samples from as EM
s128 SASA 2012
Duty to remain stopped for as long as reasonably necessary
Definition of unlawfully at large in relation to Search and Surveillance Act
- has arrest warrant
- ULAL within Corrections Act
- prison breaker
- escaped from lawful custody
- special or restricted patient who has failed to return after period of leave
- care or special care recipient
- young person subject to order under OT and has absconded from custody
ULAL does NOT include person who breaches Home detention conditions by being at an address other than the specified residence.
Under s169 SASA, if you exercise a warrantless entry power, search power or surveillance power, when must you notify the commissioner?
No later than the end of shift.
What searches do NOT require a notification to the commissioner?
- S14
- consent searchez
What is the minimum age for a consent search? (S95 SASA)
A person under 14 years of age cannot consent to search of a place or vehicle UNLESS found driving a vehicle and there is no passenger 14 years or over with authority to consent.
S95 does not prevent person under 14 consenting to search of themselves or anything in their possession.
S92 - Reasons for a consent search
- prevent commission of offence
- protect life or property or to prevent injury or harm
- investigate whether an offence has been committed
- any purpose in respect of which you could exercise power of search conferred by an enactment if you held particular belief or suspicion specified
S93 SASA - what must you advise before a consent search?
- reason for the proposed search
- they may consent or refuse to consent and withdraw consent at any time
Failure to comply may render the search unlawful and evidence obtained ruled admissible.
Section 123 SASA
If you are conducting a search power, lawfully in that place or vehicle, or conducting a lawful search of a person, and locate an item you have RGTB could be seized under any search warrant or search power, you may do so if it is in Plain view.
Section 30 SASA
Roadblocks
If senior Constable holding or acting in a position level of Sgt or above, you may authorise the establishment of a roadblock orally or in writing if you have:
- RGTS the vehicle will travel past the place where it is proposed the roadblock will be established
- RGTB in or on a vehicle there is a person who you have reasonable grounds to suspect has committed an offence punishable by imprisonment or is unlawful at large
Valid for an initial period not exceeding 24 hours specified by person authorising.
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.
Section 11 SASA
Warrantless search of people who are or about to be locked up in police custody
May conduct a search if:
- person has not already been searched
- if the person since being searched has been in close proximity or reasonably suspected of having been in close proximity to a person not locked up
- RGTB person in possession of something able to harm self or others
S125 SASA
When exercising search power on person you must:
- identify yourself
- state the name of the Act under which the search is taking place and the reason
- produce evidence of ID
- provide inventory of items seized
