Definitions Flashcards
Reasonable grounds to suspect (RGTS)
Means having a sound basis for suspecting that a situation or circumstance exists.
E.g. You enter a house or vehicle because you suspect an offence has been, is being, or is about to be committed.
Reasonable grounds to believe (RGTB)
Means having a sound basis for believing that a situation or circumstance exists.
E.g. You enter a house or vehicle because you believe an offence has been, is being, or is about to be committed.
Reasonable Grounds
When you have formed a belief or suspicion you must be able to clearly describe your reasons, your reasonable grounds, for holding the belief or suspicion.
You must:
- record your reasonable grounds for using a search power in your notebook. This is your decision log.
Be aware you may be required to:
- report on your decision to use power and grounds for using it
- justify use of power in Court proceedings
‘Lawful’ search
A lawful search is a search conducted with:
Search warrant
Under warrantless search power
With the persons consent
‘Reasonable’ search
A reasonable search is a search that:
Complies with section 21 of BOR act and considers factors such as:
- nature of the search
- how intrusive the search is
- where and when the search takes place
Evidential material - Tangible
Tangible means something that may be touched.
Evidential material - Intangible
Intangible means unable to be touched, not having physical presence.
E.g. Email address or access information.
Private Communication
Means written or oral communication or telecommunication made under circumstances that may indicate that any party within the communication desires it to be confined to the parties involved,
But,
Does not include communication where any party would likely expect it to be intercepted by some other person without having express or implied consent to do so.
Evidential Material defined
Means evidence of an offence or suspected offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.
