4.1 Search & Surveillance Flashcards
S7 - Entry to arrest person unlawfully at large.
RGtS person unlawfully at large and believe the person to be in there you may enter place or vehicle to search for and arrest.
S8 - Entry to avoid loss of offender or E/M.
RGtS person has committed an offence punishable by imprisonment and believe person to be in place or vehicle and if entry is not made they will escape or E/M will be CADD.
- Enter, search for and arrest person.
S14 - Emergency power of entry to prevent offence or respond to risk to life or safety.
If you suspect an offence is or about to be committed that would endanger the life or safety of another, you may enter and take any action that is reasonable to prevent.
S15 - Entry and search of places to find and avoid loss of E/M. (Urgency)
RGtS a 14yr offence has, is or about to be committed and believe that E/M relating to the offending is inside and you believe if may be CADD you may enter and search without warrant.
S16 - Searching people in public place for E/M.
RGtB that person in public is in possession of E/M relating to 14yr offence you may search person.
S17 - Searching vehicles in public place for E/M.
RGtB that E/M relating to 14yr offence is in a vehicle in a public place you can enter and search.
If a vehicle is parked in a place other than public place, use 15 to enter and search the vehicle.
S18 - Searching for arms in places or vehicles.
RGtS there are arms in any place or vehicle if an offence against the AA has, is or about to be committed or E/M relating to offending is present.
You may enter place or vehicle, search it and detain any E/M and FLINC.
Best practice for S18 search?
Unless impracticable, obtain approval from a Sgt or above (including acting).
S28 - Searching vehicles for offensive weapons.
RGtS person travelling in a vehicle has a knife, offensive weapon or disabling substance. You may search the vehicle.
S27 - Searching people for offensive weapons.
RGtS person has a knife, offensive weapon or disabling substance in their possession you may detain and search.
S29 - Searching vehicles for stolen property.
RGtB that stolen property is in the vehicle you my search the vehicle so long as it’s in a public place.
S83 - Entry and search of place after arrest.
RGtB E/M relating to offence is in a place whether they were arrested there or not and if entry is delayed, E/M will be CADD.
S84 - Entry and search of vehicle after arrest.
RGtB E/M relating to offence is in the vehicle you may search the vehicle.
What obligations do we have when entering place/vehicle for a search?
Reason
Act
Intention
Name (Identify yourself)
What are the three reasons you don’t have to announce entry?
- No persons lawfully present
- Compliance would endanger the person
- Prejudice the entry or ongoing investigation
S92 - What are the four purposes you may ask for a consensual search?
- Prevent an offence
- To protect life or property
- To investigate if an offence has been committed
- Any purposes in respect of a search in an enactment
S93 - What advice must be given before a consent search?
- Advise the reason for the consent search
- That they can refuse the search at any time
S94 - What circumstances may the consent be unlawful?
- If it’s not a purpose set out in S92
- You fail to give advise under S93
- You rely on the consent from someone who does not have the authority to give consent
S95 - Restrictions on persons under 14yrs to consent.
They cannot give consent to search a place, vehicle or thing unless they are the driver of such vehicle and there a no passengers over 14 to give consent.
S115 - Limitation on exercising search powers.
Search powers are subject to:
- Any condition imposed on a search warrant
- Privilege and confidentiality provisions
S113 - What must you do if using assistants during searches (who aren’t constables)
Accompany them when they enter the place to be searched and provide reasonable supervision.
S117 - What are your powers to secure a scene?
If a SW application is being made in relation to a place, vehicle or thing but not yet granted and you believe evidential material may be CADD, you can:
- Enter and secure the scene
- Secure any item found there
- Direct any person to assist
S117 - When must you cease using this power?
- 6hrs after the power was exercised
- The warrant is available for execution
- The application is refused
S118 - When may you detain a person while carrying out search powers?
- If they were present at the start of the search
- Arrived at the place/vehicle/thing whilst the search was going on
