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Sergeants CPK Exam > Chapter 4 - Search And Surveillance Act 2012 > Flashcards

Chapter 4 - Search And Surveillance Act 2012 Flashcards

1
Q 
Definitions
Evidential material
Reasonable grounds to believe
Reasonable grounds to suspect
Unlawfully at large
A

Evidential material - any item whether tangible or intangible of relevance to the investigation of the offence

Reasonable grounds to believe - having a sound basis for believing that a circumstance or situation actually exists

Reasonable grounds to suspect - having a sound basis for suspecting that a situation or circumstance is likely to exist

Unlawfully at large - means that a person is wanted for arrest under certain enactments

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2
Q

General principals applying to searches

A

Lawfulness and reasonableness -
Search hierarchy- search warrant warrantless search consent search
Decision records recording grounds to search people
Identification and notice - occupied person has right to know who is searching
Force used against property must be reasonable
Search and seizure should be witnessed
Seized property must be documented

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3
Q

Types of lawful searches

A

Search warrant
Warrantless search
Consent search

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4
Q

Section 7 search and surveillance act 2012

A

Entry and search to effect arrest

If you have reasonable grounds to
Suspect that a person is unlawfully at large and
Believe that the person is in a place or vehicle

You may enter the place and vehicle without warrant to search for and arrest the person

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5
Q

Section 8 search and surveillance act

A

Entry to avoid loss of offender or evidential material

If you have reasonable grounds to suspect that a person has committed an offence punishable by imprisonment and

Believe that the person is in a place or vehicle and

If entry is not effected immediately the person will leave the place or vehicle or evidential material related to the offending may be concealed altered damaged or destroyed you may

Enter and search that place without warrant and search for the suspect and arrest the person

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6
Q

Section 14 search and surveillance act

A

Entry to prevent offence or respond to risk to life or safety

If you have reasonable grounds to suspect in relation to a place or vehicle an offence is being or is about to be committed or

There is risk to life or safety of any person that requires an emergency response

You may
Enter the place or vehicle without a warrant and take any action you have reasonable grounds to believe is nessecary to
Prevent the offence being committed
Avert the emergency

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7
Q

Section 15 search and surveillance act

A

Entry and search of places to find and avoid loss of evidential material

If you have reasonable grounds to suspect an offence punishable by 14 years imprisonment has is or is about to be committed and believe
Evidential material relating to the offence is in a place and
If entry is delayed evidential material may be concealed altered damaged or destroyed

You may enter and search the place without a warrant

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8
Q

Section 16 search and surveillance act

A

Searching people in public place for evidential material

If you have reasonable grounds to believe that a person in a public place is in possession of evidential material relating to an offence punishable by 14 years imprisonment or more you may

Search that person without a warrant

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9
Q

Section 17 search and surveillance act

A

Entry and search of vehicles in a public place for evidential material

Believe that evidential material relating to an offence punishable by 14 years imprisonment or more is in vehicle on a public place you may

Enter and search that vehicle without a warrant

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10
Q

Section 18 search and surveillance act

A

Warrantless searches associated with arms

Arms in public places or vehicles

If you have reasonable grounds to suspect that there are arms in any place or vehicle

In respect of which any category 3 or 4 offence has been committed or offence against the arms act 1983

Or that there may be evidential material in relation to category 3 or 4 offence or offence against the arms act 1983

You may
Without warrant enter the place or vehicle
Search it
Seize and detain any arms or licence under the arms act 1983 found there

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11
Q

Section 28 search and surveillance act

A

Warrantless searches for offensive weapons

Searching vehicles for offensive weapons

If you have reasonable grounds to suspect that
A person travelling in a vehicle is committing an offence against section 202(4)(a) of the crimes act 1961 and

The vehicle contains a knife offensive weapon or disabling substance

You may without warrant search the vehicle

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12
Q

Section 29 search and surveillance act

A

Warrantless search of vehicle for stolen property

If you have reasonable grounds to believe that any stolen property is in or on any vehicle you may search the vehicle without a warrant

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13
Q

Section 83 search and surveillance act

A

Entry and search of places after arrest

If you have arrested a person for an offence and have reasonable grounds to believe that
Evidential,arterial. Relating to the offence is at a place and

If entry is delayed the evidence will be concealed altered damaged or destroyed

You may enter the place and search for the evidential material

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14
Q

Section 84 search and surveillance act

A

Entry and search of vehicles after arrest

If you have arrested a person and have reasonable grounds to believe that evidential material relating to the offence for which there were arrested in a vehicle

You may enter and search that vehicle without a warrant

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15
Q

Key points to note in regards to consent searches

A

First consider using either a search warrant or warrantless search power

You must have a reason to justify asking a person to consent to a search

You must advise the reason for a search and that they can refuse or withdraw consent at any time

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

Exceptions to these search consent rules

Search conducted as a condition of entry

Search conducted under a power conferred by an enactment

Entry to property under an implied licence

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16
Q

Section 92 search and surveillance act

A

Purposes for which consent search may be undertaken

To prevent the commission of an offence
To protect life or property
To investigate whether an offence has been committed
If you held a suspicion or belief specified in the enactment

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17
Q

Section 93 search and surveillance act

A

Advice that must be given before searching

Must advise off the reason for the search and
They can withdraw their consent or refuse search at any time

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18
Q

Section 94 search and surveillance act

A

Circumstances where search by consent is unlawful

It is not for the purpose set out in section 92
You fail to give the required advice in section 93
You undertake a search relying on consent by a person who does not have authority to give consent

19
Q

Section 95 search and surveillance act

A

Restrictions on persons under 14 years to consent

A person under 14 years of age cannot consent to of a place vehicle or other thing.

(An exception is if they are driving a vehicle and there is no passenger of or over the age of 14 to consent)

20
Q

Section 96 search and surveillance act

A

Exceptions to consent search rules

Consent search rules do not apply to a search conducted as a condition of entry to any public place or private place (concerts etc)

In accordance with a power conferred by an act or

affect the rule of law relating to the implied licence to enter property

21
Q

Section 117 search and surveillance act

A

Power to secure scene for when search warrant is pending

If a search warrant has not yet been approved by issuing officer you may
Enter and secure the place or vehicle
Secure any items
Direct any person to assist with the entry

If you believe evidential material may be concealed altered damaged or destroyed before a decision is made to grant or refuse the warrant

You can only exercise the power until the first of the following occurs
Six hours have passed
The warrant has been refused
The warrant has been approved and is ready for execution

22
Q

Section 118 search and surveillance act

A

Powers of detention incidental to searches of places and vehicles

If exercising search power in relation to any place or vehicle you may detain any person to
Determine whether there is a connection between them and the object of search
Was there at the start of the search
Arrived while search is being carried out

23
Q

Section 119 search and surveillance act

A

Powers to search persons at a place or vehicle

If you are searching a place or vehicle you may
Search any person found at the place or in the vehicle
Any person who Arrives enters etc at the place or vehicle

If you have reasonable grounds to believe that evidential material is ok that person or

Suspect that 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 that threat

Exception
When you are searching the place for drugs

24
Q

Section 120 search and surveillance act

A

Powers of search when suspect pursued

If you intend to search a place or vehicle but that person leaves before you are able to start or finish the search you may
Apprehend the person
Enter any place or vehicle to apprehend the person

If you have been freshly pursuing the person from the search location until they have been apprehended and you have reasonable grounds to believe that relevant evidential material is still on the person

25
Q

Section 131 search and surveillance act

A

Identification and announcement of entry

If you exercise a search power you must before your initial entry
Announce your intention to enter and search the place or vehicle
Identify yourself by name or QID
If not in uniform produce evidence of identity

26
Q

Section 121 search and surveillance act

A

Stopping vehicles with or without warrant to search

You may stop a vehicle to conduct a search
Without a warrant - if you are satisfied grounds exists to search the vehicle
With a warrant if you are satisfied the warrant has been issued and is in force

27
Q

Section 122 search and surveillance act

A

Moving vehicle for purpose of search or safekeeping

If you find or stop the vehicle

And you have lawful authority to search the vehicle but it is impracticable to do so at that place or

And you have reasonable grounds to believe that it is necessary to move the vehicle for safekeeping

28
Q

Section 129 search and surveillance act

A

Duty to provide evidence Information to vehicle driver

You must
Identify yourself
State the name of the act and the reason for search
If not in uniform produce identification

29
Q

Section 9 search and surveillance act

A

Stopping vehicles without warrant to effect arrest

You may stop a vehicle without warrant to arrest a person if you have reasonable grounds to suspect that a person is
Unlawfully at large
Has committed an offence punishable by imprisonment

30
Q

Section 10 search and surveillance act

A

Powers and duties after vehicle stopped

If you stop a vehicle under section 9 you may
Require any person in the vehicle to give particulars of you suspect they are unlawfully at large or committed an offence punishable by imprisonment
Search the vehicle for persons unlawfully at large
Search the vehicle for evidential material

31
Q

Road blocks search and surveillance act section 30,31,32

A

Section 30 - establishing road block for purpose of arrest
Must be senior constable (holding or acting in position of sergeant) to authorise
If you have reasonable grounds to believe that in a vehicle a person has
Committed an offence punishable by imprisonment
Unlawfully at large
Vehicle will travel past the place where the road block is going to be

Section 31 - duration and record of warrantless road block authorisation
Valid for 24 hours
May be renewed by district court judge for a further period not exceeding 24 hours

Must keep a written record of
Location
Period and grounds on which authorisation was granted or renewed

Section 32 - powers under authorised road blocks implemented without warrant
Any constable may do the following things when road block is authorised
Establish road block
Stop vehicles
Require particulars
Search vehicle

32
Q

Section 128 and 177 search and surveillance act

A

Section 128 - Duty to remain stopped
You may require the vehicle to remain stopped for as long as reasonably necessary to exercise any powers

Section 177 - power of arrest if they fail to comply with section 128

33
Q

Types of personal searches

A

Rub down search
Strip search
Internal search

34
Q

Section 85 search and surveillance act

A

Rub down search or arrested or detained persons

Can search arrested or detained persons to ensure they are not carrying anything that may
Harm any person
Facilitate their escape

35
Q

Section 88 search and surveillance act

A

Warrantless search for evidential material

Can search arrested or detained persons if you believe they have on them anything that may be used to harm any person
Facilitate their escape
Is evidential material relating to the offence for which they were arrested for

36
Q

Examples of when samples from a persons external body may be seized

A

A swab to remove blood (from victim of an assault on the arrested persons neck)
Fingernail scrapings (from arrested rape offender)
A swab of arrested persons skin (gun shot residue)
Penile swabs

37
Q

Section 115 search and surveillance act

A

Limitations on exercising search powers

The search powers are subject to

Any condition imposed by an issuing officer when issuing a search warrant

Privilege and confidentiality provisions in the act

38
Q

Section 113 search and surveillance act

A

Power of persons called to assist

Must (unless they are constable)

Accompany person when they first enter the place

Provide reasonable supervision of them

39
Q

Section 116 search and surveillance act

A

Securing scene to be searched

If carrying out a search you may

Secure the place or vehicle

Exclude any person from the scene or area

40
Q

Exceptions to section 131 search and surveillance act - identification and announcement of entry

A

No person is lawfully present

Compliance would endanger the safety of any person

Prejudice the successful exercise of the entry

Prejudice on going investigations

41
Q

Section 112 search and surveillance act

A

Items of uncertain status

Can seize item if not certain if it can be seized and not reasonably practice to determine at search scene

42
Q

Section 123 search and surveillance act

A

Seizure of items in plain view

43
Q

Section 11 search and surveillance act

A

Searching people who are about to be locked up in custody

Sergeants CPK Exam (19 decks)

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