Basics

Question 1

Lawful search is?

Answer 1

With a search warrant
Under a warrantless search power
With the persons consent.

Question 2

Reasonable search is?

Answer 2

Complies with section 21 of the Bill of Rights Act and considers:
- the nature of the search.
- how intrusive the search is
- where and when the search takes place.

Question 3

RGTB not Practicable in the circumstances to apply for a SW factors to consider.

Answer 3

Is there time to gain approval and apply for a SW.
Can the scene be secured.
Are there reasonable resource.
Is the evidential martial or offender at risk.
Location of the search and who might be present.

Question 4

Why use a SW?

Answer 4

• Ensures judicial oversight.
• Provides greater protection for Police and the public.
• Requires recording and reporting of results.

Question 5

Search by consent reasons.

Answer 5

Section 91 to 96
Must be for:
- Prevent commission of offence
- Investigate whether an offence has been committed.
- to protect life or property.
- to prevent injury or harm.

Question 6

Undertaking a consent search you must advise the person of:

Answer 6

-the reason for the search.
- that may consent or refuse the search.
-under 14 cannot consent unless driving a vehicle with no passengers over 14 with authority to search.

Question 7

Obligations under section 131 RAIN for the search of places and vehicle.

Answer 7

• Reason & intention of the search.
• The Act under which the power is actioned.
• State your identity (with ID)
• Notice given by SW and list of items seized.

Question 8

No reason to comply with section 131 if?

Answer 8

-you believe no one is present at the property/vehicle.
- RGTB it would endanger safety, prejudice successful use of the search power or on-going investigation.

Question 9

Section 110 additional powers when searching:

Answer 9

-enter and search the place, vehicle ect.
- search any items found in that place/vehicle or thing.
- use reasonable force on property (doors ect)
- seize the items that are the subject of the search or other items that can be legally seized.
- request assistance from others.
- use equipment to assist.
- use trained law enforcement dogs.
- copy any document that can be seized.
- access any computer system and copy files.
- take photograph and video recordings.

Question 10

If no one is at the address to be search?

Answer 10

Leave a copy of the SW or Search notice to the occupiers and an inventory of seized items. Must be provided as soon as possible or within 7 days.

Question 11

Additional powers section 116?

Answer 11

You can secure a place, vehicle or other thing to be search and exclude or give reasonable direction to any person/ occupant.

Question 12

Additional powers section 118?

Answer 12

Detain people when searching places and vehicle to determine if there is a connection between that person and the object of the search.

Question 13

Additional powers section 119?

Answer 13

• Searching people found at a place or vehicle if RGTB they have the object of the search on their person.
• Searching people if you have RGTS they have any dangerous items that pose a threat to safety and immediate action is required to address the threat.

Question 14

Additional powers section 120?

Answer 14

Fresh pursuit and RGTB evidential material is still on the person, you can enter any place to apprehend the person and search the person or place.

Question 15

Section 21 of the bill of rights act 1990?

Answer 15

Everyone has the right to be secure against unreasonable search or seizure, whether or the person, property or correspondence or otherwise.

Question 16

Privileged material includes?

Answer 16

Material gained by communication with:
- lawyers
- ministers of religion
- medical practitioners
- clinical psychologists
- informants
- journalists

Question 17

During a search involving privileged material you must do what?

Answer 17

-Ensure the person is present during the search.
-give the person a reasonable opportunity to claim privilege.
- if you have RGTB material is privileged, must give the person an opportunity to claim privilege.
-secure the thing but do not continue to search or examine it. A court will determine the claim.

Question 18

Section 117

Answer 18

Secure a scene while you apply for a SW for a maximum period of 6 hours. If you have RGTB evidential material will be CADD before the SW can be issued.

Question 19

Before commencing a SW application you must?

Answer 19

-Be sure there are RGTS and offence punishable by imprisonment has been committed.
-Have RGTS the search will find the evidential material.
-checked the target in NIA for other SWs.
- have assessed the risks of execution.
- have obtained approval from a Sergeant rank of higher.

Question 20

Section 117, securing address pending SW, can be exercised until one of the following:

Answer 20

-after 6 hours of it being actioned
- the SW is approved and ready.
-the SW is rejected.

Question 21

Section 117, securing address pending SW allows you to do what?

Answer 21

• enter and secure place, vehicle, or thing.
• secure any item found there.
• direct any person to assist with the above.

Question 22

Issuing officers of a SW are:

Answer 22

-Judge
-registrar or deputy registrar
- justice of the peace
- community magistrate

Question 23

How long is a SW valid for?

Answer 23

14 days from date of issue.
30 days from date of issue as stated by issuing office if justified.

Question 24

When can the SW be carried out?

Answer 24

Any time that is reasonable under the circumstances or at a time restriction required by the issuing officer

Question 25

When is a SW considered complete?

Answer 25

When the evidential material sought on the SW is located.
When officers leave the place/vehicle and do not return with 4 hours.

Question 26

Application to postpone compliance under section 131 to provide SW copy or inventory can be applied for to a judge for what reasons?

Answer 26

• it would endanger the safety of any persons.
• prejudice on-going investigations.

Must be applied for at time of SW application or within 7 days of SW being actioned

Question 27

GSMEAC stands for?

Answer 27

Ground
Situation
Mission
Execution
Administration and logistics
Command and signals

Question 28

Obligation under section 125 RAN for searches of a person.

Answer 28

-the reason for the search.
- the act.
- name and ID.

Question 29

Non-private premises are?

Answer 29

A premises, or part of a premises to which members of the public are frequently permitted to have access.

Question 30

The purpose of the S&S act 2012 is?

Answer 30

To facilitate the monitoring of compliance with the law and the investigation and prosecution of offences that is consistent with human rights by modernising the law of search to include technology, providing rules that recognise the importance of human rights and insuring that investigating tools are effective.

Question 31

Section 125 rules for searching people include?

Answer 31

• you can search any item the person is wearing or carrying.
• the search must be conducted with decency and sensitivity.
• seize the items sought.
• seize any items that maybe lawfully seized even if it was not the object of the search.
  -use reasonable force.
• detain the person for the search.