Definitions / Search Options / Search Consent / CADD Flashcards
What is RGTS?
Reasonable grounds to suspect means having a sound basis for suspecting that a situation or circumstance exists.
Example: You enter a house because you suspect that an offence has been committed
What is RGTB?
Reasonable grounds to believe meaning having sound basis for believing that a situation or circumstance exists.
Example: You enter a house because you believe that a house because you believe you will find evidential material.
Reasonable Grounds
What are the practicable things you must do once you form your grounds?
And what should you be aware of as a requirement you may have to following this?
- Must record your reasonable grounds for holding the belief or suspicion when using search power. This is your decision log.
- May need to:
Report on your decision to use a power and your grounds to for using it OR
justify your use of a power in court OR in other formal proceedings.
LAWFUL AND REASONABLE
What are examples of a LAWFUL search under S & S 2012?
- Using a search warrant OR
- Using a warrantless search OR
- with the person’s consent
What are examples of a reasonable search under S & S 2012?
Complies with BOR Section 21 and considers factors such as:
- the nature of the search
- how intrusive the search is
- where and when the search takes place
PRACTICABLE IN THE CIRCUMSTANCES
In all cases what should you consider first around using a search warrant or warrantless search?
What should you consider if you have RGTB that it is not practicable to get a search warrant?
- You should consider whether a search warrant should be applied for. If it is practicable then do so.If it is not practicable then you should have RGTB that
is it not practicable to apply for one, consider the
following things: - 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.
If the search is not practicable to obtain a search warrant what other ways to obtain a search?
- Warrantless Search - if its available then have the power to search.
- Search by consent - if you get consent to search then there are certain rules you must follow in order for it to be lawful.
Name three things why you should use a search warrant?
- Ensures judicial oversight
- Provides greater protection for Police and the Public
- Requires recording and reporting of results
SEARCH BY CONSENT
What must you establish before conducting a search by consent?
- to prevent the commission of an offence
- to investigate whether an offence has been committed
- to protect life or property
- to prevent injury or harm
When conducting a search by consent, what must you advise the person of?
- The REASON of the proposed search AND
- They may refuse OR consent to the search
Can a person withdraw there consent?
Yes they can at any time. Once it is withdrawn then the search has to stop.
Can a person under 14 years consent to being searched?
No they can’t give consent unless they are a driving of a vehicle alone with no passenger that is or over 14 years old to give consent for the vehicle to be searched.
CADD
What is evidential material?
In relation to an offence or a suspected offence, means evidence of an offence, or any other item, tangible or intangible of relevance to the investigation of the offence
What is tangible?
According to oxford dictionary, means something that may be touched.
What is intangible?
According to oxford dictionary means unable to be touched not having a physical presence.
Section 97 provides examples of intangible things
