4.1 Search & Surveillance Flashcards
What is reasonable grounds for belief?
Answer:
Having a sound basis for believing that a situation or circumstance actually exists
Sec 8 - Entry to avoid loss of offender or evidential material. what must exist and Police action you can do?
You have reasonable grounds to suspect an offence punishable by imprisonment has been committed
and believe that the person is in the place or vehicle,
AND believe that if entry is not effected immediately, either the person will leave to avoid arrest or the evidential material will be CADD,
you may enter that place or vehicle with out warrant search for and arrest the person you suspect has committed the offence.
You CAN’T search for evidential material UNLESS an arrest is made and a search incidental to that arrest is undertaken under sections 83-88.
Section 14 - Emergency Powers
Enter place or vehicle and take any action as reasonably necessary if:
an offence is being or about to be committed that would likely cause injury to any person or serious loss / damage to property or
there is risk to the life or safety of any person
Sec 15 - Search place for evidential material - 14 year offence
If you suspect a 14yr imprisonable offence has, is being, or is about to be committed, and you believe evidential material is in a place and will be CADD, you may enter and search to find evidential material.
Sec 16 - Search person in public for evidential material - 14 year offence
If you believe a person in a public place has evidential material on him relating to a 14yr imprisonable offence, you may search that person without a warrant.
Sec 17 - Search a vehicle in a public place for evidential material - 14 year offence
If you believe evidential material relating to a 14yr imprisonable offence is in or on a vehicle in a public place, you may enter an search that vehicle without warrant.
NOTE: If vehicle is parked in a place other than a public place use s15 to enter and search that vehicle.
Sec 83 - Entry and search place incidental to arrest
Sec84 - Entry and search of a vehicle pursuant to arrest
s83
If you have arrested a person for an offence and has RGTB evidential material is in the place and that delay in getting a Search Warrant would result in the evidential material being CADD,
you may enter and search the place for evidential material relating to the offence.
It does not matter if the person was not arrested there
s84
The person who has arrested a person for an offence and Has RGTB evidential material relating to that offence is in or on a vehicle may enter and search without a warrant.
When executing a Search Warrant or Warrantless Search Power, who can you search at the scene?
Answer:
You can search any person found at, arrives at or stops/enters the place or vehicle if you have reasonable grounds to believe that evidential material is on that person, or (s119(1))
suspect that the person is in possession of a dangerous item that poses a threat to to safety and you believe immediate action is needed. (s119(2)(a) - (b))
Sec 117 - Secure scene. What is the maximum time frame allowed to hold a scene before a warrant can be obtained?
Answer:
Secure scene while search warrant is pending up to (6 hrs) from when power is first exercised.
- unless a warrant is available for execution at that place, vehicle or other thing.
- the application for the search warrant is refused
What obligations must you do when exercising a search power?
Before entry, you must:
- announce intention to enter and search using a power
- identify yourself by name
- if not in uniform, produce evidence of your identity
When do you NOT have to announce entry or give reasons for the search?
- no person lawfully present
- compliance would endanger the safety of any person or prejudice the exercise of the entry or the ongoing investigation
How old does a person need to be to be treated as an occupier or person in charge?
14 years or older.
The only exception is if they are found driving a vehicle and there is no passenger 14 years or older with authority to consent to the vehicles search.
What is curtilage?
An area of land attached to a dwelling house and forming one enclosure with it.
Sec 9 S&S Act - When stopping a vehicle without warrant to effect an arrest, what are the ingredients
You may stop a vehicle if you have RGS that a person who is unlawfully at large or who has committed an offence punishable by imprisonment is in or on the vehicle.
If you arrest the person you can search the vehicle for evidential material relating to the offence.
You must advise the person responsible for the vehicle if they weren’t the one you arrested, the reason for the search etc.
If you stop a vehicle using Sec 9, who can you require give you their particulars?
You can require the particulars from persons in the vehicle whom you suspect are unlawfully at large or have committed an offence.
Who can establish a road block and under what grounds?
Sergeant or above (includes acting sergeant).
Must have reasonable grounds to believe that in or on a vehicle, there is
- a person unlawfully at large or
- has committed an offence punishable by imprisonment and
- you suspect the vehicle will pass where the road block is
Sec 18 - People in possession of arms
If you have reasonable grounds to suspect a person is carrying arms or is in possession of them, and
- they are in breach of the Arms Act 1983 or
- by reason of their physical or mental condition, are incapable of having proper control or may kill or cause bodily injury to any person
- under the Domestic Violence Act they have a PO or a PSO is in place
you may
- search the person or anything in their possession or under their control (including a vehicle) and seize any arms found
- you can enter a place or vehicle to search and seize any arms found
Unless impracticable obtain approval from a Sgt.
Sec 18(3) - searches for arms in places or vehicles
If you have RGTS there are arms in any place or vehicle and a cat 3 or 4 offence or offence against the Arms Act has been committed, is being or will be committed or there is evidence relating to cat 3 or 4 offence or Arms Act 1983 may
Enter that place or vehicle, search it seize and detain any Arms or licence under the Arms Act 1983 found there.
Sec 11 - When can you search a person after they have been locked up?
- if they were not searched before being locked up
- reasonable grounds to believe they are in possession of something that may be used to harm themselves or others
since being searched or before being locked up, they were in close proximity to a person who was not locked up, or another person who was eligible to be searched but wasn’t.
Sec 85 - What is the purpose of a rub down search?
Answer:
To ensure a person who has been arrested or detained is not carrying anything that may be used to harm themselves or any person or facilitate escape.