CIK (140-196) SEARCH WARRANTS/PRODUCTION ORDERS/S&S Flashcards
140) You have entered a house under s8. You may search in:
a) The basement workshop
b) The china cabinet
c) The kitchen drawers
a) The basement workshop
8Entry without warrant to avoid loss of offender or evidential material
(1) In the circumstances set out in subsection (2), a constable may—
(a) enter a place or vehicle without a warrant; and
(b) search for and arrest a person that the constable suspects has committed the offence.
(2) The circumstances are that the constable has reasonable grounds—
(a) to suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrested without warrant; and
(b) to believe that the person is there; and
(c) to believe that, if entry is not effected immediately, either or both of the following may occur:
(i) the person will leave there to avoid arrest:
(ii) evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered, or damaged.
141) What is the maximum duration of time that an authorisation for a road block granted under s30 is valid for without renewal by a District Court Judge?
a) 24 hours
b) 12 hours
c) 48 hours
a) 24 hours
For a s30 road block:
31Duration and record of warrantless road block authorisation
(1) An authorisation under section 30—
(a) is valid for an initial period not exceeding 24 hours specified by the person giving the authorisation; and
(b) may be renewed from time to time by a District Court Judge for a single further period not exceeding 24 hours specified in writing by the Judge.
(2) The person giving the authorisation must keep or cause to be kept a written record of the following matters:
(a) the location of the road block that was authorised:
(b) the period or periods for which the authorisation was granted or renewed:
(c) the grounds on which the authorisation was granted or renewed.
142) John, a well known criminal, threatens to punch Jim in the head with a knuckle duster and then walks off down the road. Jason witnesses the incident. You locate John in the next street. You can search him because:
a) You have RGTS you’ll find evidential material relating to the offence relating to John
b) You have a witness and John has a criminal record of serious assaults
c) You have RGTS John has committed an offence against 202A(4)(a) of the Crimes Act 1961
c) You have RGTS John has committed an offence against 202A(4)(a) of the Crimes Act 1961
143) Billy strikes Mike over the head with a hammer then runs to his car with the hammer and drives off. A short time lawyer you locate Billy driving the car and stop the car under s121 to search Billy and the car for the hammer. As you attempt to speak to him, Billy leaps out of the car and sprints off. Can you search the car for the hammer?
a) Yes, because you saw Billy run away from the car and you have RGTS the hammer is still in the car
b) No, because with Billy running away you have no RGTB that the hammer will be CADD.
c) No, because likely is no longer in or on the vehicle so therefore power to search it does not apply.
b) No, because with Billy running away you have no RGTB that the hammer will be CADD.
144) You have a search warrant to enter and search a flat belonging to a woman who you have RGTB has stolen an iPod and other small electronic items. When you arrive the woman and her two flatmates are at the address. You detain them under s118 (Powers of detention incidental to powers to search places and vehicles). Can you search the woman and her flatmates under s119? (Powers of search by person who has power of arrest)
a) No, you may only search the woman as you have RGTB you will find the evidential material on her
b) Yes, as s119 permits a search of anyone found at the place when you have RGTB the evidential material will be found
c) No, you cannot search the flatmates without first exercising a power of arrest
b) Yes, as s119 permits a search of anyone found at the place when you have RGTB the evidential material will be found
118Powers of detention incidental to powers to search places and vehicles
(1) If any constable or other person, or a person assisting any constable or other person, exercises a search power in relation to a place or vehicle, that constable or other person may, for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search, detain any person—
(a) who is at the place or in or on the vehicle at the commencement of the search; or
(b) who arrives at the place or stops at, or enters, or tries to enter, the vehicle while the search is being carried out.
(2) A person may be detained under subsection (1) for any period that is reasonable, but not for longer than the duration of the search.
(3) A detention of any person commences under subsection (1) when the constable or other person exercising the search power directs that person to remain at the place or in or on the vehicle and ends when that person is told by the constable or other person, or a person assisting the constable or other person, exercising the search power that he or she is free to leave the place or vehicle.
(4) Reasonable force may be used for the purpose of effecting and continuing any detention under subsection (1).
(5) For the purposes of subsection (1), other person means a person to whom section 115(2) applies.
119Powers of search by person who has power of arrest
(1) If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get onto the vehicle, if the person conducting the search has reasonable grounds to believe that evidential material that is the object of the search is on that person.
(2) If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get into or onto the vehicle, if the person conducting the search—
(a) has reasonable grounds to suspect that the person is in possession of a dangerous item that poses a threat to safety; and
(b) believes that immediate action is needed to address that threat.
(3) If any item referred to in subsection (2)(a) is seized, it must, unless possession of the item constitutes an offence, be returned to the person from whom it was taken either—
(a) once the search has been completed; or
(b) when the person who conducted the search is satisfied that there is no longer any threat to safety.
145) Pursuant to S&S Act 2012 Act 2012, you are searching a prisoner incidental to arrest. In his possession you find a cell phone that you have established is stolen. When bailed an hour later he asks for the cell phone back. What should you do?
a) Give him the cell phone back
b) Charge him in relation to the cell phone and retain possession of the property
c) Refuse to give him the cell phone back because it was seized in a lawful search
b) Charge him in relation to the cell phone and retain possession of the property
Warrantless searches of people who are, or are to be, locked up in Police custody
(1) This section applies to any person who—
(a) has been taken into lawful custody; and
(b) is—
(i) at a Police station; or
(ii) in other premises, or is in, or about to be placed in, a vehicle, being used for Police purposes; and
(c) is, or is to be, locked up (whether pending a decision as to bail under section 21 of the Bail Act 2000, or in any other circumstances).
(2) A constable, or a searcher used in accordance with section 12, may conduct a search of a person to whom this section applies before that person is locked up.
(3) A constable, or a searcher used in accordance with section 12, may conduct a search of a person after the person is locked up if—
(a) the person has not been searched under subsection (2); or
(b) the person, since any search was conducted under subsection (2), has been in close proximity, or is reasonably suspected of having been in close proximity, to a person who was not locked up in Police custody (other than an enforcement officer or a searcher); or
(c) the person, since any search was conducted under subsection (2), has been in close proximity, or is reasonably suspected of having been in close proximity, to another person who was eligible to be searched under this subsection but was not searched; or
(d) there are reasonable grounds to believe that the person is in possession of anything that may be used to harm himself or herself or others.
(4) A constable or searcher may take from the person subject to a search under this section any money or other property found during the search.
13Property taken from people locked up in Police custody
(1) All money and every item of property taken from a person under section 11 must be returned to him or her when he or she is released from custody, except for the following:
(a) any money or property that, in the opinion of a constable, may need to be given in evidence in proceedings arising out of a charge brought against the person:
(b) any money or property whose possession may, in the opinion of a constable, constitute an offence.
(2) Despite subsection (1), when a person described in section 11(1) is released from Police custody and is placed in the custody of another person, all money and every item of property taken from him or her under section 11 (other than money or property of a kind described in subsection (1)(a) or (b)) must, if practicable, be delivered—
(a) to the person into whose custody he or she is released; or
(b) to the person in charge of the facility, if he or she is being released from Police custody in order to be held in custody in the facility.
(3) Subsection (1) is subject to an order made under—
(a) section 40 of the Policing Act 2008; or
(b) section 377 of the Criminal Procedure Act 2011.
146) You may search a person without warrant for a controlled drug if you have:
a) RGTB an offence has occurred and RGTB they are in possession of a controlled drug.
b) RGTS an offence has occurred and RGTS they are in possession of a controlled drug.
c) RGTS an offence has occurred and RGTB they are in possession of a controlled drug.
c) RGTS an offence has occurred and RGTB they are in possession of a controlled drug.
22Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
(1) A constable may, in the circumstances set out in subsection (2), search a person without a warrant.
(2) The circumstances are that the constable has reasonable grounds—
d) to believe that the person is in possession of—
i) a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or
(ii) a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or
(iii) a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or
(iv) a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and
(b) to suspect that an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.
(3) This section does not—
(a) limit section 20 or 21; or
(b) authorise a constable to enter or search a place or vehicle except in accordance with those sections.
147) A local chemist has caught a woman shoplifting cosmetics in his shop. He prevents her from leaving and calls police. You attend, form your reasonable grounds to search the woman and give you obligations. You search the woman’s pockets and carry bag and locate the missing items. You also find and remove some items of clothing that you suspect are stolen as they still have security tags. Following your search the woman must be given a copy of the:
a) a POL262 summary of facts record.
b) a POL268 inventory of items seized.
c) a POLSW8 warrantless search report.
b) a POL268 inventory of items seized.
148) You are in the carpark of the shopping mall when you hear a woman crying out that her handbag has been snatched. She tells you the offender ran off and got circumstances you would use s8 to enter the van to:
a) Seize the handbag.
b) Arrest the offender.
c) Search the van
b) Arrest the offender.
8Entry without warrant to avoid loss of offender or evidential material
(1) In the circumstances set out in subsection (2), a constable may—
(a) enter a place or vehicle without a warrant; and
(b) search for and arrest a person that the constable suspects has committed the offence.
(2) The circumstances are that the constable has reasonable grounds—
(a) to suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrested without warrant; and
(b) to believe that the person is there; and
(c) to believe that, if entry is not effected immediately, either or both of the following may occur:
(i) the person will leave there to avoid arrest:
(ii) evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered, or damaged.
149) With respect to a victim’s property that may be held as evidence Police are obliged to:
a) Inform the victim that their property will help gain a guilty conviction and is required as a court exhibit
b) Discuss the evidential requirement with the victim and ensure the property is returned as soon as practicable after it is no longer needed
c) Inform the victim that the property is required for disclosure to the offender’s lawyer before the court date
b) Discuss the evidential requirement with the victim and ensure the property is returned as soon as practicable after it is no longer needed
150) Tim commits a robbery at a local dairy and steals $100.00 in cash. As he runs off he drops $40.00 on the footpath. A witness tells you she saw Donna pick up the money. You locate Donna a short distance away but she denies picking up the money. Can you search Donna under s16?
a) Yes, because s16 permits a search of a person in a public place
b) No, because the evidential material is not related to an offence punishable by 14 years or more
c) Yes, because you have RGTB she possesses evidential material
b) No, because the evidential material is not related to an offence punishable by 14 years or more
16Searching people in public place without warrant for evidential material relating to certain offences
A constable may search a person without a warrant in a public place if the constable has reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more.
151) While on patrol you see a man waiting at a taxi rank who matches Comms description of one of two men who robbed a shop assistant one hour ago. The men are reported to have stolen two iPhones. Which power of search is most appropriate in the circumstances?
a) s27 Warrantless search of a person in a public place for an offensive weapon
b) s88 Warrantless search of arrested or detained person for evidential material
c) s16 Warrantless search of a person for evidential material relating to certain offences
c) s16 Warrantless search of a person for evidential material relating to certain offences
152) Under the S & S Act 2012 which of the following could be an example of ‘privileged information’?
a) DVD record of a special consideration witness interview
b) Patient records kept by a GP or psychologist
c) CCTV video evidence from a camera in a bar
b) Patient records kept by a GP or psychologist
153) Where you have RGTS that an offence is being committed that is likely to cause injury to any person, you may enter the place or vehicle without warrant and:
a) Take reasonable action that you have RGTS is necessary
b) Take any action that you have RGTB is necessary
c) Take practicable action you have RGTB is necessary
b) Take any action that you have RGTB is necessary
14Warrantless entry to prevent offence or respond to risk to life or safety
(1) A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a place or vehicle may—
(a) enter the place or vehicle without a warrant; and
(b) take any action that he or she has reasonable grounds to believe is necessary to prevent the offending from being committed or continuing, or to avert the emergency.
(2) The circumstances are as follows:
(a) an offence is being committed, or is about to be committed, that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property:
(b) there is risk to the life or safety of any person that requires an emergency response.
154) You arrest a young woman in the crowded smoking area outside a bar as you have RGTB she is in possession of drugs and RGTS she is distributing drugs to others. You give your obligations and conduct a rub-down search including putting your hands inside the pockets of the zipped up jacket she is wearing. She is abusive and uncooperative. You demand she removes her jacket and when she does you find she is wearing only underwear. A lawyer might challenge your search on the principle of:
a) Reasonableness
b) Reasonable grounds
c) Lawfulness
a) Reasonableness
155) John has escaped from a prison van transporting him from the local court to prison. You see him run into someone’s garden. Can you enter the property to arrest John?
a) Yes, because John is unlawfully at large and you have RGTS he is on the property
b) Yes, because John is unlawfully at large and you have RGTB he is on the property
c) No, because even though you have RGTB he is on the property John is not unlawfully at large
b) Yes, because John is unlawfully at large and you have RGTB he is on the property
7Entry without warrant to arrest person unlawfully at large
A constable may enter a place or vehicle without warrant to search for and arrest a person if the constable has reasonable grounds—
(a) to suspect that a person is unlawfully at large; and
(b) to believe that the person is there.
156) You have RGTB that stolen property is located in a garage at a local address and execute a search warrant. No one is present when you arrive and you see the garage has a security alarm and it is armed. You use s110 and call a security technician to help you gain entry to the garage. You must then:
a) request the technician contacts you when he has gained entry
b) accompany the technician on entry and provide reasonable supervision
c) provide detailed instructions about your request to the technician
b) accompany the technician on entry and provide reasonable supervision
157) You search a person for Cannabis under section 21 of the S&S Act 2012. What statutory requirements (if any) do you have to fulfil after the search?
a) submit a Police 101 form to officially record the search.
b) none, as you did not find anything.
c) submit a notification to the Commissioner within three days.
c) submit a notification to the Commissioner within three days.
169Reporting of exercise of powers within law enforcement agency
(1) Any constable who exercises a warrantless entry power, search power, or surveillance power conferred by Part 2 or 3of this Act must provide a written report on the exercise of that power to the Commissioner or a Police employee designated to receive reports of that kind by the Commissioner as soon as practicable after the exercise of the power.
(2) Any person (other than a constable) who exercises a warrantless entry power, search power, or surveillance power conferred by this Act or by an enactment specified in column 2 of the Schedule must provide a written report on the exercise of that power to an employee designated to receive reports of that kind by the chief executive of the law enforcement agency concerned as soon as is practicable after the exercise of the power.
(3) A report referred to in subsection (1) or (2) must—
(a) contain a short summary of the circumstances surrounding the exercise of the power, and the reason or reasons why the power needed to be exercised:
(b) state whether any evidential material was seized or obtained as a result of the exercise of the power:
(c) state whether any criminal proceedings have been brought or are being considered as a consequence of the seizure of that evidential material.
(4) This section does not require the provision of any report in respect of—
(a) a rub-down search of a person under section 85 or 88 that is undertaken in conjunction with that person’s arrest or detention under any enactment:
(b) any search of a person in lawful custody carried out under section 11 or under the Corrections Act 2004:
(c) the exercise of any power of entry that does not also confer a power of search:
(d) a search undertaken by consent.
158) The S & S Act 2012 requires you to identify yourself and announce your intentions before you:
a) secure a place, vehicle or other thing to search it
b) enter a place, vehicle or other thing to search it
c) a place to search it in response to an emergency
b) enter a place, vehicle or other thing to search it
116Securing place, vehicle, or other thing to be searched
(1) The person carrying out a search may, in a manner and for a duration that is reasonable for the purposes of carrying out the search,—
(a) secure the place, vehicle, or other thing searched, any area in or on that place, vehicle, or other thing, or any thing found in or on that place, vehicle, or other thing:
(b) exclude any person from the place, vehicle, or other thing searched, or from any area within the place, vehicle, or other thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of any power under this subsection.
(2) A person who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,—
(a) identify himself or herself either by name or by unique identifier; and
(b) state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c) if not in Police uniform, produce evidence of his or her identity.
131Identification and notice requirements for person exercising search power (other than remote access search)
(1) A person exercising a search power (other than a remote access search) must,—
(a) before initial entry into or onto the place or vehicle or other thing to be searched,—
(i) announce his or her intention to enter and search the place, vehicle, or other thing under a statutory power; and
(ii) identify himself or herself either by name or by unique identifier; and
(iii) if not in Police uniform, produce evidence of his or her identity; and
(b) before or on initial entry into or onto the place or vehicle, or other thing to be searched, provide the occupier of the place or the person in charge of the vehicle or other thing with—
(i) a copy of the search warrant; or
(ii) if the power is exercised without a warrant, the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances.
(2) The person exercising the search power is not required to comply with subsection (1) if he or she has reasonable grounds to believe that—
(a) no person is lawfully present in or on the place, vehicle, or other thing to be searched; or
(b) compliance with subsection (1)(a) would—
(i) endanger the safety of any person; or
(ii) prejudice the successful exercise of the entry and search power; or
(iii) prejudice ongoing investigations.
(3) The person exercising the search power may use reasonable force in order to effect entry into or onto the place, vehicle, or other thing if—
(a) subsection (2) applies; or
(b) following a request, the person present refuses entry or does not allow entry within a reasonable time.
(4) If the occupier of a place is not present at any time during the search, or no person is in charge of the vehicle or other thing during the search, the person carrying out the search must,—
(a) on completion of the search, leave a copy of the notice referred to in subsection (5) and a copy of the search warrant (if applicable), in a prominent position at the place, or in or on the vehicle or other thing; or
(b) if this is not reasonably practicable, provide a copy of the notice referred to in subsection (5) and a copy of the search warrant (if applicable), to the occupier of the place or the owner of the vehicle or other thing no later than 7 days after the exercising of the power.
(5) The notice required by subsection (4) is a written notice containing the following particulars:
(a) the date and time of the commencement and completion of the search:
(b) the name or unique identifier of the person who had overall responsibility for that search:
(c) where the power is exercised without a warrant, the name of the enactment under which the search is taking place and the reason for the search under that enactment:
(d) the address of the office to which inquiries should be made:
(e) if nothing is seized, the fact that nothing was seized:
(f) if anything was seized, the fact that seizure occurred and (if an inventory is not provided at the same time under sections 133 to 135) that an inventory of the things seized will be provided to the occupier of the place or person in charge of the vehicle or other thing no later than 7 days after the seizure.
(6) For the purposes of this section and sections 133 to 135,—
(a) the following persons may not be treated as the occupier of the place or the person in charge of a vehicle or other thing:
(i) any person who is under 14 years of age (unless section 95(2) applies to that person):
(ii) any person who the person executing the warrant has reasonable grounds to believe is not the occupier of the place or person in charge of the vehicle or other thing:
(b) every reference to a copy of the authority referred to in subsection (1)(b) means, in a case where a search is undertaken without a search warrant, written advice about the enactment that authorises the search.
(7) Subsections (4) and (5) are subject to sections 134 and 135.
(8) This section does not apply to a remote access search.
(9) For the purposes of this section, search includes an entry under section 7 or 8.
159) Before applying for a SW, you must be sure that the offence you suspect is being, has been or is about to be committed is:
a) an offence punishable by imprisonment
b) an offence under any enactment
c) any type of Category 1 offence
a) an offence punishable by imprisonment
160) Which type of search requires you to complete a warrantless power notification?
a) s7 entry and search for a person unlawfully at large
b) s11 custody search of a locked up person
c) s85 rub-down search of an arrested or detained person
a) s7 entry and search for a person unlawfully at large
161) One night you attend an aggravated burglary. Witnesses give a detailed description of the car the offender left in. You QV the registration number and identify an address for the vehicle. At the address you locate the vehicle parked in the driveway beside the house. The house is in darkness and the offender is nowhere in sight. Can you now undertake a warrantless search of the vehicle (s17) for the weapon used?
a) No, because the car that may contain evidential material is not in a public place
b) Yes, because there are RGTB that evidential material will be CADD
c) Yes, because you have RGTB that the evidential material is in the car
a) No, because the car that may contain evidential material is not in a public place
