Chapter 4 Search and Surveillance III Flashcards
Describe the approval and reporting process for warrantless use of Search powers.
- Obtain prior approval from sgt or above where appropriate
- Provide a written notice to the person present during the execution of the warrantless power (Pol 1275) and an inventory if items seized.
- Make a record of your decision to use a warrantless power and reasons for it (RGS/RGB) in your notebook
- Record the use of powers in the S and S system for warrantless notifications.
- Where applicable, complete a notification on the bulletin board.
Describe 5 purposes for which consent search may be undertaken
To prevent the commission of an offence.
To protect life or property or to prevent injury or harm. To investigate whether an offence has been committed.
Any purpose in in respect of which you could exercise a power of search conferred by an enactment, if you if you held a particular belief or suspicion specified in the enactment.
Before conducting a search by consent what must the officer advice the person? (Sec 92)
The reason for proposed search
That they may consent or refuse consent to the search
Describe 3 circumstances that would make a search unlawful.
It is not for a purpose set out in sec 92.
You failed to give the required advice set out in sec 93.
You undertake a search replying on consent given by a person who does not have authority to give that consent.
What are the restrictions on persons under 14 years to consent?
Under 14’s cannot consent to a search of a place, vehicle or other thing. An exception is when they are found driving a vehicle and there is no passenger of or over the age of 14 years with authority to consent to the vehicles search. Doesn’t prevent them for consenting to a search of themselves or anything under their immediate control.
Describe 6 actions that every search power, with or without a warrant, authorises you to do.
- Enter and search a place, vehicle or other thing.
- Request assistance from any person with entry and search.
- Use reasonable force on property only to carry out the search and lawful seizure.
- Seize anything that is subject of the search or anything else that maybe lawfully seized.
- Bring and use any equipment or use any equipment found on the place, vehicle or other thing.
- Bring and use a Police dog
- Copy Documents
- Access computers and data storage devices
- Copy intangible material
- Take photographs and records.
Describe 2 limitations on exercising search powers.
Any condition imposed by an issuing officer when issuing a search warrant.
The privilege and confidentiality provisions of the Act.
Describe the conditions that are required to stop and search a vehicle
Sec 9 - power to stop a vehicle without a warrant if you have RGS a person is unlawfully at large or has committed an offence punishable by imprisonment and believe the person is in or on the vehicle .
Describe the Powers and duties of constable after vehicle stopped under sec 9.
Require any person in or on the vehicle who the constable has RGS is unlawfully at large or has committed an offence punishable by imprisonment to supply all full particulars.
search the vehicle to locate the person referred to in section 9, if the constable has reasonable grounds to believe that the person is in or on the vehicle:
search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under sect 9
What are the requirements of authorization for a warrantless road block?
If you are a senior Const (holding or acting position of Sgt) you may authorise the establishment of a road block orally or in writing if you have RGB:
That in or on a vehicle there is a person who you have RGS has committed an imprisonable offence or U/L at large.
Suspect the vehicle will travel past the place where it is proposed the road block be established.
