Consent Search Flashcards
0
Q
What is Section 94 of S & S Act 2012?
A
Section 94: consent search is UNLAWFUL if:
- It is not for purpose of Sect 92
- advice not given from Sect 93
- consent is given by someone who doesn’t have authority to give consent
1
Q
What is Section 93 of S & S Act 2012?
A
Section 93: before CONSENT SEARCH you must:
- advise of REASON
- advise them they can REFUSE
2
Q
What is section 95 of S & S Act 2012?
A
Section 95: Person under 14 cannot give consent to search:
- a PLACE or OTHER THING or
- a VEHICLE( unless there is no passenger over 14 to give consent)
3
Q
What is Section 123 of the S & S Act 2012?
A
Section 123: Items in Plain view
If a a part of our duties you: - exercise search power or - conduct lawful search or person - are lawfully in any place or vehicle YOU MAY SEIZE ITEMS IN PLAIN VIEW if you have RGTB you could have seized that item with a - warrant or - any other search power
4
Q
What is section 92 of the S & S Act 2012?
A
Section 92: You may conduct a CONSENT SEARCH:
- to PREVENT the commission of an offence
- to INVESTIGATE whether an offence has been committed