4.1 Search & Surveillance

Question 1

What is reasonable grounds for belief?

Answer 1

Answer:
Having a sound basis for believing that a situation or circumstance actually exists

Question 2

Sec 8 - Entry to avoid loss of offender or evidential material. what must exist and Police action you can do?

Answer 2

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.

Question 3

Section 14 - Emergency Powers

Answer 3

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

Question 4

Sec 15 - Search place for evidential material - 14 year offence

Answer 4

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.

Question 5

Sec 17 - search vehicle for evidential material - public place - 14yr offence

Answer 5

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.

Question 6

What is S83 - after K9 CADD (concealed,altered,damaged or destroyed)

What is S84 - after K9 CADD

Answer 6

s83
If you have arrested a person for an offence and have 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 have RGTB evidential material relating to that offence is in or on a vehicle may enter and search without a warrant.

Question 7

EM & PDI

s119 when can you search a person for evidential material?

Answer 7

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))

Question 8

Sec 117 - Secure scene. What is the maximum time frame allowed to hold a scene before a warrant can be obtained?

Answer 8

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

Question 9

What obligations must you do before entering a place/vehicle for the purpose of carrying out a search?

Answer 9

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

Question 10

When do you NOT have to announce entry or give reasons for the search? (3)

Answer 10

• no person lawfully present
• compliance would endanger the safety of any person or
• prejudice the exercise of the entry or the ongoing investigation

Question 11

How old does a person need to be to be treated as an occupier or person in charge?

Answer 11

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.

Question 12

What is curtilage?

Answer 12

An area of land attached to a dwelling house and forming one enclosure with it.

Question 13

S9 S and S - When stopping a vehicle without warrant to effect an arrest, what are the ingredients

Answer 13

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.

Question 14

If you stop a vehicle using Sec 9, who can you require give you their particulars?

Answer 14

You can require the particulars from persons in the vehicle whom you suspect are unlawfully at large or have committed an offence.

Question 15

Who can establish a road block and under what grounds?

Answer 15

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

Question 16

Sec 18 - what are the powers for possession of arms

Answer 16

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

When?

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

Unless impracticable obtain approval from a Sgt.

Question 17

Sec 18(3) - searches for arms in places or vehicles

Answer 17

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.

Question 18

Sec 11 - When can you search a person after they have been locked up?
- 3

Answer 18

• not searched before being locked up
• RGTB 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.

Question 19

Sec 85 - What is the purpose of a rub down search?

Answer 19

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.

Question 20

What does S88 of S and S entitle you to do? (Similar to rub down search powers)

Answer 20

If you have arrested a person or detained them under a statutory power, and have reasonable grounds to believe that there is anything on or carried by the person that:

• may be used to harm any person
• may be used to facilitate the person’s escape
• is evidential material relating to the offence for which the person is arrested or the person detained.

You may search that person

Question 21

What are some examples of when samples from a person’s body may be seized as evidential material pursuant to a Sec 88 search?

Answer 21

• swabs to remove blood on the arrested person
• fingernail scrapings
• penile swab (to obtain victim’s DNA from offender relating to a sexual violation)

For the purpose of this section, the search must be lawful, reasonable and approved by a Sergeant or above

Question 22

Section 28 - when can you search vehicles for offensive weapons

Answer 22

If you have reasonable grounds to suspect a person travelling in a vehicle or who has alighted from it is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances); AND

The vehicle contains a knife, offensive weapon, or disabling substance;

You may search the vehicle.

Question 23

Section 29 - when can you search vehicles for stolen property

Answer 23

If you have reasonable grounds to believe that any stolen property is in or on any vehicle;

You may search the vehicle.

Note: only when the vehicle is in a public place. Seek warrant if vehicle is on private property or use alternative warrantless power.

Question 24

S84 - when can you enter and search a vehicles after arrest

Answer 24

If you have arrested a person and have reasonable grounds to believe that evidential material relating to the offence is in a vehicle;

You may search that vehicle

Question 25

Section 119 - power to search persons at a place/vehicle (Person arrives during search)

Answer 25

If you are searching a place/vehicle you may;

Search any person found at that place/vehicle OR

Who arrives at the place OR

Who stops at, or enters, or tries to enter or gets into the vehicle.

If you have reasonable grounds to believe that evidential material that is the object of that search is on that person OR

You suspect the person is in possession of a dangerous item that poses a threat to safety and you believe that immediate action is needed to address the threat.

Question 26

What you must say prior to a consentual search

Answer 26

Determine that the search is eg to protect life or property etc

Advise the person for the reason for the search

That they may consent or refuse to consent to the search at any time

*A person under 14 years of age can consent to a search of themselves or anything in their immediate possession or control.

A person under 14 cannot consent to a search of a thing, vehicle or place

Question 27

S 120 - powers of search when suspect pursued

Answer 27

If you intend to search a person or vehicle, but that person or vehicle leaves before you are able to start or complete the search;

You may apprehend the person OR

Enter any place to find them

If you have been freshly pursuing the person from the intended search location AND
You have reasonable grounds to believe that relevant evidential material is still on the person or vehicle

Question 28

Section 27 - search of people with offensive weapons

Answer 28

You may search a person if you have reasonable grounds to suspect the person has an offensive weapon

Question 29

N. E. P. O

What are the 4 conditions under section 131(2) S&S 2012 allow justification of entry, by force if necessary, to be unannounced?

Answer 29

Answer:
– no person is lawfully present

announcement would:

-endanger safety of anyone
- prejudice the entry and search power
- prejudice ongoing investigations

Question 30

What can you seize during a search?

Answer 30

Anything the subject of your search
Or
May otherwise lawfully be seized

If you find evidence of an offence other than the one specified in the warrant or covered by your warrantless power, you cannot seize it unless;

You obtain another warrant OR

You exercise plain view seizure under section 123

Question 31

Sec 123 SAS - what are the powers to Seize of items in plain view

Answer 31

If you are exercising a search power or are lawfully in a place as part of your duties, you may seize anything, if you have reasonable grounds to believe you could have seized the item under:

• any search warrant obtained under the S & S Act
• any other search power exercisable by you under the S & S Act or any other Act

Question 32

S and S Section 112 - what can you do with items of uncertain status

Answer 32

If you are not certain if something can be seized and it is not practicable to determine that where the search takes place, you may;

Remove the item for examination or analysis to determine whether it may be lawfully seized.

Eg your warrant is to locate cocaine and you find a white powder. You can take this package for testing.

Eg you cannot use this power if your warrant was to find cannabis but you find a TV and you are unsure if it’s stolen. You would need to consider if you could exercise a plain view seizure or to secure the scene pending a warrant under section 117.

Question 34

Searches conducted of vehicle or thing when person isn’t there;

Answer 34

Leave a notice at the place or vehicle a copy of the warrant and attached privilege information contained in the ‘Notice to occupier, or the person in charge of vehicle or other thing not present during search’ OR

If a warrantless search, a copy of the ‘Notice to person not present during warrantless search’

Question 35

Explain Section 31 - duration and record of road block

Answer 35

Valid for an initial period of up to 24 hours.

May be renewed from time to time by a DC Judge for a single further period not exceeding 24 hours.

If you authorise a road block you must keep a written record of:
- the location
- the period for and the grounds on which authorisation was granted or renewed

Question 36

For any search to be lawful they must be done as one of 3 things. What are they?

Answer 36

Answer:
- exercise a warrantless power, or
- execute a warrant power, or
- conduct a search, examination or inspection with the persons consent

Question 37

In carrying out a consent search what may you extend the search to?

Answer 37

Answer:

• any item that the person is wearing or carrying (eg a bag) or
• is in the persons physical position or immediate control provided the person consents to these items being searched.

Question 38

When using assistant to assist you to exercise a search power or condition of a warrant they are in your control.

If they are not another Constable what 2 things must you do?

What are they allowed to do?

Answer 38

Answer:

• accompany them when they first enter the place, vehicle, or other thing to be searched, and
• provide reasonable supervision of them
  (s113)

Answer:
Only exercise powers incidental to search as directed by you. Can only search places you determine are lawful to search, take photographs, or bring in and use equipment or electricity that you determine may be lawfully be taken or used.

Question 39

When you are carrying out a search what powers does section 116 of S and S give an officer?

If requested by a person affected by the search what must you do?

Answer 39

Answer:

The power to

• secure the place, vehicle, or other thing searched or any area within the scene or anything found within the scene
• exclude any person from the area or scene or give them any other reasonable direction if you have reasonable grounds to believe they will obstruct or hinder you.

Answer:

• ID yourself by name or QID
• State the enactment under which the search is conducted and reason for the search (unless impracticable)
• If not in uniform produce evidence of your identity

Question 40

When items are seized what is the obligation by police to give the owners of the things that are seized?

What is the timeframe in which the notice must be given?

Answer 40

Answer:
To any person you believe is the owner of the thing you must give - written notice specifying
- A copy of the authority for the search warrant or for a warrantless searches the name of the enactment under which the search took place.
Answer:
Within 7 days

Question 41

What is the general search power authority from S121?

Answer 41

Answer:
Power to search without warrant if there are grounds existing to search the vehicle

Power to search with a warrant if that warrant has been issued and is in force

Question 42

If you find or stop a vehicle, Can you move that vehicle to another place?

Answer 42

Answer:
Yes - if you have found or stopped the vehicle and you have lawful authority to search the vehicle but is impracticable do so at that place, or
you have reasonable grounds to believe it is necessary to move the vehicle for safekeeping. (s122)

Question 43

s 128 S gives the officer powers to keep a vehicle stopped for what reason?

Answer 43

Answer:
Require the vehicle to remain stopped for the exercise of any powers in respect of the vehicle or the occupants in the vehicle

Question 44

S9 S and S allows an officer to stop a vehicle without warrant to arrest a person if you have RGTS what?

What are your powers under S10 after the vehicle is stopped?

Answer 44

Answer:

• That a person is unlawfully at large, or
• Has committed an offense punishable by imprisonment, and
• To believe the person is in or on the vehicle

Answer:

• Require any person in or on the vehicle you have RGTS is unlawfully at large to supply name address contact details and DOB.
• search a vehicle to locate the person if you have RGTB they are in or on vehicle
• search the vehicle to locate property that is evidential material in relation to any offence for which the vehicle is stopped if the person is -
  Arrested or seen fleeing from the vehicle before they can be arrested

Question 45

Police policy requires that when stopping a vehicle you must, what?

Answer 45

Answer:

• Be wearing a police uniform or distinctive cap, have a helmet with a badge of authority affixed to that cap, hat or helmet, or
• Be following immediately behind the vehicle and displaying flashing blue light or flashing blue and red lights, and or sounding a siren

Question 46

What are the six warrantless search powers available to police to search people?

Answer 46

Answer:
- In custody and who is or is about to be locked up (s11)
- Found in a public place for evidential material (s16)
- Firearms (s18)
- In relation to drug offenses (s21, 22, 23)
- For offensive weapons (s27)
- After arrest or detention (s85, 88)

Question 47

What is the purpose of a rub down search?

Answer 47

Answer:
To ensure a person is not caring anything that may be used to:

– harm many person including themselves, or
– facilitate the persons escape
(s85)