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
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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
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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)
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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
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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
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