Definitions and Discussions Flashcards
What is RGTS
Reasonable Grounds to Suspect.
What is RGTB
Reasonable Grounds to Believe.
Example of RGTS
Enter a house or vehicle because you SUSPECT an offence has been, is being or about to be committed.
Example of RGTB
Enter and search a house/vehicle/person because you BELIEVE that a search will find evidential material you are looking for
What must you do if you have RGTS/RGTB?
Record reason in your notebook - Decision Log.
What must you be aware of/required to do?
- Report on your decision to use power/ground for using it
- Justify your use of power in court OR in other formal proceedings
Ex) You receive information that John has purchased Meth. Your source tells you that John has now left his house to visit a house in town where he may attempt to sell?
- What is your warrantless search?
- What do you do?
S/S Section 22
- RGTS - that an offence against MODA 1975, has been, or is being, or about to be committed in respect of controlled drug/precursor substance.
- RGTB - that a person is in possession of controlled drug/precursor substance.
What is a Lawful Search under S/S?
- With a Search Warrant
- Under a warrantless search power
- With a person’s consent
What is Reasonable Search under S/S?
- Complies with S21 of Bill of Rights Act & considers:
- Nature of Search
- How intrusive the Search is
- Where and when the search takes place
Practicable in the Circumstances? What to consider?
- Is there time to gain approval and apply for a search warrant
- Can the scene be secured (under Section 117)
- Are reasonable resources (available) to minimise risk and ensure safety
- Is the evidential material at risk?
- Location of the search and who may be present
Remember to record this in your decision log
Objectives for Search and Surveillance Act
- Conduct risk assessment
- Only seize what Police are lawfully entitled
- Satisfy requirements in the Act
- Provide announcement and identification in exercising power
- Ensure lawful authority including use of force
