Chapter 4 Search and Surveillance II Flashcards
Describe 6 warrantless powers to search people.
In custody and who is or is about to be locked up (s11)
Found in public place for evidential material (s16)
For arms (s18)
In relation to drug offences (S20,21, 22)
For knives, offensive weapons and disabling substances (s27)
After arrest or detention (s85, 88)
Explain the associated powers to do with Search places, vehicles and things
Sec 110 – Associated power to seize anything that is subject of the search or anything else that may lawfully be seized. A number of other search powers can be used when exercising a particular search power.
What conditions are required for you to enter the place or vehicle without warrant to search for and arrest the person?
Sec 7 – RGS that a person is unlawfully at large and believe the person is in a place or vehicle.
What conditions are required for you to enter to avoid loss of offender or evidential material?
Sec 8 – RGS that a person has committed an offence punishable by imprisonment and for which they may be arrested for without a warrant and
Believe that if entry is not effected immediately either both or the following my occur:
The person will leave the place to avoid arrest.
Evidential material relating to the offence for which the person will be arrested will be CADD.
What conditions are required for you to enter to prevent offence or respond to risk of life or safety?
Sec 14 – RGS in relation to a place or vehicle:
An offence is being , or is about to be committed that would be likely to cause injury to any person or serious loss of or serious damage to any property OR
There is risk to life or safety of any person that requires emergency response
Describe 2 grounds that are required to enter and search the place without a warrant.
Sec 15 – RGS an offence punishable by 14 years or more imprisonment is being, or is about to be committed and believe that:
Evidential material to the offence is in a place and
If entry is delayed un order to obtain a search warrant, the evidential material will be CADD.
What condition is required for searching people in public place for evidential material?
Sec 16 – RGB that a person in a public place is in possession of evidential material relating to an offence punishable by 14 years or more imprisonment.
What condition is required for searching a vehicle without a warrant?
Sec 17 – RGB that evidential material relating to an offence punishable by 14 years or more imprisonment is in or on a vehicle or public place.
On what grounds may you enter the place or vehicle without a warrant to enter the place or vehicle, search it and seize or detain any arms or licence under the Arms Act 1983 found there?
If you have RGS that there are arms in any place or vehicle:
In respect of which a cat 3 or 4 offence or and offence against the Arms Act 1983 has been, is being, or is about to be committer or
That may be evidential material in relation to a category 3 or 4 offence against the Arms Act
On what grounds may you search a vehicle, without a warrant, for offensive weapons?
If you have RGS that a person travelling in a vehicle is committing an offence in a public place against 202A(4)(a) of the Crimes Act 1961 AND
The vehicle contains a knife, offensive weapon, or disabling substance.
Under s202 A (4) (a) of the Crimes Act 1961 and s27 S&S you may search a person for what reason.
When you RGS they have committed an offence in a public place against s202A(4)(a) of the Crimes Act 1961
If you have reasonable grounds to believe a vehicle on private property may contain stolen goods, what is required to search the vehicle?
If the vehicle on private property you should seek a search warrant. If in a public place Sec 29 - RGB stolen property is in or on any vehicle you may search the vehicle without a warrant.
If you have arrested a person, and have reasonable grounds to believe the vehicle contains evidential materials relating to the arrest, do you require a warrant to search the vehicle?
No (sec 84) – enter and search without a warrant.
