4.1 Search & Surveillance Flashcards
What is evidential material?
Evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence.
What is the search hierarchy?
You should always consider a warrant first. If this is not practicable, then consider using a warrantless power. Consent search should be last option.
Sec 7 - Entry to arrest person unlawfully at large
If you have reasonable grounds to suspect that a person is unlawfully at large and is in a place or vehicle, you may enter the place or vehicle without warrant to search for and arrest the person.
Sec 8 - Entry to avoid loss of offender or evidential material.
If 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.
Sec 14 - Emergency Power
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 vehicle in public 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.
Sec 83 - Entry and search place/vehicle incidental to arrest
If you have arrested a person for an offence and believe evidential material is in the place or vehicle, and that delay in getting a Search Warrant would result in the evidential material being CADD,
you may enter and search the place/vehicle for evidential material relating to the offence.
It does not matter if the person was not arrested there
When executing a Search Warrant or Power, who can you search at the scene?
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
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.
Sec 117 - Secure scene
Secure scene while search warrant is pending (6 hrs)
What 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
What factors do you consider before making an unannounced forced entry?
- tactical options available
- reasonable and practical alternative to forced entry
- seriousness of the offence
- history of violence
- danger to police or public or people at the place
- reasonable grounds evidence will be CADD
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.
