CPK - Clan Lab & SS Act 2012 Flashcards
What steps must be taken if you happen to enter into a clan lab that is unplanned?
- Don’t not touch, disconnect, deactivate or operate anything and preserve the scene
- Remove people from scene
- Maintain safety cordon
- Inform duty Insp. or NCO and NCLRT (clan lab response team). Ambo and Fire
- Seek advice about decontamination
- Separate everyone until decontamination
- Seek medical if suffering effects
What is the aim when locating a unplanned clan lab?
- Rapidly convert an unplanned entry
- into a planned response
- and investigation with appropriate structure
- and procedures
You believe there are drugs in a place and believe CADD. Section 20 of the SS Act 2012 is warrantless search power in relation to drugs. Explain this section?
- RGTB in or on place or vehicle
- Is controlled drug or precursor
- an offence against MODA is or about to be committed
- Delayed entry believe CADD
- Enter and search
Can you search a person while using Section 20?
- Yes by using Section 21 allows to search a person found in or on a place or vehicle
Believe person is possession of drug. Explain Section 22 of SS Act 2012?
- RGTB person in possession of
- Drug or precursor
- MODA offence is, will, has been committed
- Search without warrant
- Does not allow to enter property to search person
Internal searches are generally prohibited. There are some cases in which this can be completed what are they?
- With consent of person
- S23 person K9 for S6 offences under MODA and RGTB person has items within their body
How can an internal search be completed?
- By medical practitioner
- Xray or similar device
- Manual or visual exam by any instrument or device
Can Police conduct a visual exam of any persons mouth, nose or ears?
- Yes but must not insert any device
- Can use torch
You have attended an incident where a person has attempted to conceal items you believe to be drugs in their mouth. Can you force the person mouth open to prevent this?
- No as forcing the mouth open equals an internal search therefore requires there consent
You believe that a wanted person is inside a private property and is wanted in relation to an imprisonable offence and there is evidence in there relating to that offence. What does Section 8 allow you to do?
- RGTS Person has committed offence punishable by prison
- Believe person in place or vehicle will leave to avoid K9
- CADD will occur for evidence
- Enter, search and K9
- CANNOT search for evidence if K9 not made
You suspect there is a person at large or subject to inpatient order and absent without leave and believe they are at a place. What does S7 allow you to do?
- RGTS person at large
- Believe in place or vehicle
- Enter, search and K9
Explain S14 if you suspect there is a risk to life or safety?
- RGTS risk to life or safety
- In place or vehicle
- Offence being, about to be or has been committed
- will cause injure or property damage or loss
- require emergency response
- Enter and take action
You suspect there is person inside a property that has possession of a firearm and suspect an offence. What does S18 allow you to do?
- RGTS possession of firearm
- In place or vehicle
- Offence against Arms Act Cat 3 or 4
- Not capable of proper control
- May kill or injury person
- PO or PSO in place or ground to apply for PO
- Enter, search and seize includes license found
- Seek okay from Sgt or above beforehand
You suspect a offence punishable by 14 yrs of more has been committed and believe there is evidence at a place can you enter and seize that evidence under Section 15 SS Act 2012?
- RGTS offence 14yr or more offence
- Has, is or about to be committed
- Believe evidence at a place and CADD if don’t enter
- May enter and search
- May search vehicles on property
- If urgency has passed hold under S117 and get search warrant
If you believe a person in public place is in possession of evidence relating to a 14 yr or more offence. What may you do under S16 of SS Act 2012?
- RGTB person in public
- possession of evidence
- relates to 14 yr or more offence
- May search that person
If you believe there is evidence in a vehicle relating to a offence of 14 yrs or more what may you do under S17?
- RGTB in or on vehicle
- is evidence to 14 yr or more offence
- May enter and search
- if on private property use S15
You see a vehicle in a public place and suspect a person is in possession of a offensive weapon what may you do under s28?
- RGTS person in vehicle
- or came from vehicle in public place
- in vehicle is a knife, offensive weapon os disabling substance
- May enter and search
- Search person under S27
A vehicle has just left the scene of a burg and has stolen property inside it. You stop the vehicle in public place what may you do under S29?
S29
- RGTB in or on vehicle
- in public place is stolen property
- Enter and search
- if on property seek warrant
You have just arrested a person and believe at their property is evidence what may you do under S83 and S84?
- K9 person
- RGTB evidence to that offence
- at place and CADD
- May enter and search
- Person does not have to be K9 at that place
- S84 search vehicle
When invoking powers under the SS act what notifications and forms of reporting must be done?
- Seek approval from Sgt of Arms Act searches
- Written notice of person present during search
- List of items taken if no one home leave in place can be seen
- Record decision making
- SS system notifications
Can a person under 14 yrs consent to a search of place, vehicle or thing?
- No unless found driving a vehicle
- and no passenger over 14 yrs to give that consent
What is best practise for consent searches?
- Must have reason for consent
- Give reason for search
- ID by name or show ID
- Advise can remove consent or refuse search
Every search power with or without warrant gives you power to do what 8 things?
1 - Enter and search 2 - Request assistance 3 - Use force 4 - Seize items 5 - Bring and use equipment 6 - Copy documents and intangible material 7 - Access computer or data storage device 8 - Take photos and recordings
If a search warrant application is about to be made or has been made but not yet granted what does section 117 allow you to do?
- Enter and search
- Secure items
- Direct any person to assist with entry
- Believe evidence will be CADD before warrant granted or refused
What are 4 times which an unannounced force entry might be made?
- Saving someone from death or injury
- Warning would endanger Police
- Prevent loss of evidence
- Entering in fresh pursuit
While at an address you notice an item of interest and believe you can seize this under a warrant. What does S123 allow you to do?
- At address for search or 4Q
- Believe item can be seized under warrant or SS power
- seize item
What must an occupier be provided with under S131?
- S131 Copy of warrant, Notice occupier, If not present Notice to person not present
- S132 at time or no later 7 days list of items taken and copy of warrant
In what circumstances under S31 can an acting Sgt or above can approve a road closure orally or in writing?
- Person in vehicle
- Committed imprisonable offence or
- Unlawfully at large
- Suspect vehicle will travel past a point
- Satisfied with safety of road users
- Must not exceed 24 hrs unless approved by Judge
- Keep record of location and period
Once a road block has been approved what further powers and details can you request?
- Stop vehicles at or near block
- Require their details
- RGTB person in vehicle may search vehicle for wanted person
- Remain stopped
- K9 if fail to stop or remained stopped
What are some key principles around searching?
- Must be lawful
- Treat people with dignity, privacy and respect
- Reasonable force only
- Done Constable, AO and same sex
- Removing property should be witnessed
- Property seized must be recorded.
Section 11 relates to searching people to remove items that could cause harm when should a person be searched?
- BEFORE locked up eg behind closed or locked door to prevent from leaving
After a person has been locked in a cell they can only be searched again if 1 of 3 things have happen. What are they?
- Not searched beforehand
- Close proximity to person not in custody
- RGTB in possession of something harmful
- Can do rub down search prior to getting in Police vehicle
If a person has been arrested or detained can they be searched after the arrest for evidential material under S88?
- RGTB person has something
- Can harm any person
- Facilitate their escape
- EM relating to offence K9 for
- Can search person
- Seek Sgt approval
What are 4 examples of an unjustified rub down search?
- Minor charge
- All evidence located
- Prisoner bailed, no cell and not left unsupervised
- Strip search justified
What factors would you consider before making unannounced forced entry?
- Tactical options available
- Reasonable and practical
- Seriousness of offence
- Danger to Police, public or people at address
- CADD will occur
Purpose of rub down search?
- Person arrested or detained
- Doesn’t have anything
- harm any person or use to escape
You intend to search a person at a location but they flee in a vehicle or on foot what does section 120 allow?
- Must be in fresh pursuit
- enter and search for person
- believe evidence still on person
- another staff member cannot if they are not in fresh pursuit
- unless assisting under S113 and under direct supervision and control
You may ask a person to consent to undergo a search being made of a place, vehicle or thing in the person control for one or more of what 4 reasons?
- Prevent commission of offence
- Protect life, property
- prevent injury or harm
- Investigate if offence been committed
- Any purpose in which you could exercise a power
Is only wearing a SRBA and in plain clothes suitable and meet the criteria of being in uniform when conducting a search power?
- No must must also show ID
Can a Constable authorisation a road block?
- No must be a Snr Constable holding or acting as Sgt or above
The rational for establishing road block must be lawful and reasonable. To assist with gauging reasonableness what should be undertaken ?
- Community impact assessment (CIA)
- Should be routine part of a risk assessment
- Conduct in writing during planning stage
- Done mentally if impracticable due to emergency an urgency
When making a decision to search what must you consider?
- Tactical options
- Work within TENR
Which power should be used for searching arrested or detained person. There are two alternative search powers that might be appropriately exercised upon arrest or detention?
- rubdown search S85-87
- Warrantless search S88
Searches under S88 for the purpose of seizing samples as evidential material from the external body must be lawful, reasonable and approved by who?
- Sgt or above
If it is not practicable to complete a full rub down search immediately after arrest or detention what should you do?
- Visual exam of head and body checking for weapons and evidence
- Remain with them and observe closely to prevent them from using anything to cause harm or escape or dispose of evidence
