Custody Searches Flashcards
Searching people
1
Q
What sections of the Act provides powers used for searching arrested or detained persons?
A
- Sections 85-87 (rub down search)
- Section 88 (warrantless search)
- Section 11 (1) and (2) (searching people who are, or are to be, locked up in Police custody)
2
Q
When searching people who are, or are to be, locked up in Police custody, where do these powers exist under the Act?
A
- Section 11 (4)
- Section 11 (2)
3
Q
Under S. 11, what does ‘locked up’ mean?
A
A person taken into lawful custody and being placed behind a closed or locked door that prevents them from leaving.
4
Q
What does S. 11(3) refer to?
A
- Searching people after they are locked up.
5
Q
Explain S. 11(3).
A
After a person has been locked up they can ONLY be searched if there are reasonable grounds to believe the person is in possession of anything that may be used to harm themselves or others.
